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Author: Sionaidh Douglas-Scott
Publisher: A&C Black
ISBN: 1782251200
Category : Law
Languages : en
Pages : 648
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Book Description
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Author: Sionaidh Douglas-Scott
Publisher: A&C Black
ISBN: 1782251200
Category : Law
Languages : en
Pages : 648
Get Book Here
Book Description
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Author: Brendan Edgeworth
Publisher: Routledge
ISBN: 1351725610
Category : Law
Languages : en
Pages : 445
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Book Description
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Author: Peter Leman
Publisher: Liverpool University Press
ISBN: 1789625203
Category : Literary Criticism
Languages : en
Pages : 232
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Book Description
Singing the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.
Author: Owen Anderson
Publisher: Cambridge University Press
ISBN: 1107008425
Category : Law
Languages : en
Pages : 321
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Book Description
This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.
Author: Winnifred Sullivan
Publisher: Stanford University Press
ISBN: 0804775362
Category : Religion
Languages : en
Pages : 402
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Book Description
Bringing together scholars with a variety of perspectives and orientations, this work examines the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.
Author: A. Rubin
Publisher: Springer
ISBN: 0230119069
Category : History
Languages : en
Pages : 224
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Book Description
A fresh look at one of the most important landmarks in the passage of the Ottoman Middle East to modernity during the late nineteenth century, this book explores the Nizamiye court system. The author offers an innovative conceptualization to serve as an alternative to common - yet poorly grounded - wisdoms about legal change in the modern Middle East. Employing a socio-legal approach, this study is focused on "law in action," as experienced in and outside the Nizamiye courts of law.
Author: David Luban
Publisher: University of Michigan Press
ISBN: 0472024116
Category : Law
Languages : en
Pages : 421
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Book Description
Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Author: John Law
Publisher: John Wiley & Sons
ISBN: 0631185135
Category : Social Science
Languages : en
Pages : 242
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Book Description
In this important theoretical and empirical statement John Law argues against the purity of post-enlightenment political and social theory, and offers an alternative post-modern sociology. Arguing in favor of a sociology of verbs, he suggests that power, organizations, mind-body dualisms, and macro-micro distinctions may all be understood as the local performance of recursive modes of social ordering. Drawing on a range of theoretical traditions including actor-network theory, verstehende sociology, and the writing of Michel Foucault, he explores the production of materials - including agents and architectures - and their importance for these modes of ordering. The book, which draws on organizational ethnography to develop its argument, is essential reading for all those interested in social theory, materialism, or the sociology of organizations at the end of the era of high modernity.
Author: Peter Fitzpatrick
Publisher: Cambridge University Press
ISBN: 9780521002530
Category : Law
Languages : en
Pages : 276
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Book Description
This book argues that law is both derived from and constitutive of surrounding cultural contexts.
Author: Mark Goodale
Publisher: Stanford University Press
ISBN: 0804769885
Category : Social Science
Languages : en
Pages : 374
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Book Description
Dilemmas of Modernity provides an innovative approach to the study of contemporary Bolivia, moving telescopically between social, political, legal, and discursive analyses, and drawing from a range of disciplinary traditions. Based on a decade of research, it offers an account of local encounters with law and liberalism. Mark Goodale presents, through a series of finely grained readings, a window into the lives of people in rural areas of Latin America who are playing a crucial role in the emergence of postcolonial states. The book contends that the contemporary Bolivian experience is best understood by examining historical patterns of intention as they emerge from everyday practices. It provides a compelling case study of the appropriation and reconstruction of transnational law at the local level, and gives key insights into this important South American country.
