Critical Jurisprudence

Critical Jurisprudence
Title Critical Jurisprudence PDF eBook
Author Costas Douzinas
Publisher Hart Publishing
Pages 388
Release 2005-09-25
Genre Law
ISBN 9781841134529

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Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.

A Guide to Critical Legal Studies

A Guide to Critical Legal Studies
Title A Guide to Critical Legal Studies PDF eBook
Author Mark Kelman
Publisher Harvard University Press
Pages 374
Release 1987
Genre Law
ISBN 9780674367562

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Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.

Introduction to Critical Legal Theory

Introduction to Critical Legal Theory
Title Introduction to Critical Legal Theory PDF eBook
Author Ian Ward
Publisher Routledge
Pages 218
Release 2012-10-02
Genre Law
ISBN 1136997814

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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Research Handbook on Critical Legal Theory

Research Handbook on Critical Legal Theory
Title Research Handbook on Critical Legal Theory PDF eBook
Author Emilios Christodoulidis
Publisher Edward Elgar Publishing
Pages 560
Release 2019
Genre Law
ISBN 1786438895

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Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.

Philosophy of Law

Philosophy of Law
Title Philosophy of Law PDF eBook
Author Raymond Wacks
Publisher Oxford University Press
Pages 169
Release 2014-02
Genre Law
ISBN 0199687005

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Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Critical Legal Positivism

Critical Legal Positivism
Title Critical Legal Positivism PDF eBook
Author Kaarlo Tuori
Publisher Routledge
Pages 462
Release 2017-03-02
Genre Law
ISBN 135194732X

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This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.

Politics, Postmodernity, and Critical Legal Studies

Politics, Postmodernity, and Critical Legal Studies
Title Politics, Postmodernity, and Critical Legal Studies PDF eBook
Author Costas Douzinas
Publisher Psychology Press
Pages 248
Release 1994
Genre Critical legal studies
ISBN 9780415086516

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This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance.