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A Critique Of Adjudication Fin De Sicle
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Book Synopsis A Critique of Adjudication [fin de Sicle] by : Duncan Kennedy
Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
Download or read book Legal Reasoning written by Duncan Kennedy and published by . This book was released on 2008 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "Legal reasoning : collected essays includes four essays written over a twenty-year span that present a comprehensive and original account of legal reasoning as done by judges, lawyers, and legal academics. In a work that is likely to become the definitive introduction to critical legal theory by a leading theorist of the critical legal studies movement, the author has been the first to put together in a systematic way the insights of American legal realism with continental phenomenology and semiotics. His version of legal reasoning presents it as "work in a medium" deploying a set of "argument-bites" analogous to the words of a language. The result is simultaneous freedom and constraint. Kennedy then turns his approach to a critique of current European legal theory, with an essay on Hart and Kelsen and another on the approach of the European jurists pre-occupied with "coherence" and with the "European social model" in the current process of harmonization of European law."
Book Synopsis Legal Education and the Reproduction of Hierarchy by : Duncan Kennedy
Download or read book Legal Education and the Reproduction of Hierarchy written by Duncan Kennedy and published by NYU Press. This book was released on 2007-03 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-known 'underground' classic critique of legal education is available for the first time in book form. This edition contains commentary by leading legal educations.
Book Synopsis The Canon of American Legal Thought by : David Kennedy
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Book Synopsis Critique and Praxis by : Bernard E. Harcourt
Download or read book Critique and Praxis written by Bernard E. Harcourt and published by Columbia University Press. This book was released on 2020-08-11 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical philosophy has always challenged the division between theory and practice. At its best, it aims to turn contemplation into emancipation, seeking to transform society in pursuit of equality, autonomy, and human flourishing. Yet today’s critical theory often seems to engage only in critique. These times of crisis demand more. Bernard E. Harcourt challenges us to move beyond decades of philosophical detours and to harness critical thought to the need for action. In a time of increasing awareness of economic and social inequality, Harcourt calls on us to make society more equal and just. Only critical theory can guide us toward a more self-reflexive pursuit of justice. Charting a vision for political action and social transformation, Harcourt argues that instead of posing the question, “What is to be done?” we must now turn it back onto ourselves and ask, and answer, “What more am I to do?” Critique and Praxis advocates for a new path forward that constantly challenges each and every one of us to ask what more we can do to realize a society based on equality and justice. Joining his decades of activism, social-justice litigation, and political engagement with his years of critical theory and philosophical work, Harcourt has written a magnum opus.
Download or read book LatCrit written by Francisco Valdes and published by NYU Press. This book was released on 2021-06-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"--
Book Synopsis The Dark Sides of Virtue by : David Kennedy
Download or read book The Dark Sides of Virtue written by David Kennedy and published by Princeton University Press. This book was released on 2011-06-27 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically. A work of unusual verve, honesty, and insight, this insider's account urges us to embrace the freedom and the responsibility that come with a deeper awareness of the dark sides of humanitarian governance.
Book Synopsis International Legal Theory by : Jeffrey L. Dunoff
Download or read book International Legal Theory written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2022-08-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Book Synopsis Designing Democracy by : Cass R. Sunstein
Download or read book Designing Democracy written by Cass R. Sunstein and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob
Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Book Synopsis The Rise & Fall of Classical Legal Thought by : Duncan Kennedy
Download or read book The Rise & Fall of Classical Legal Thought written by Duncan Kennedy and published by Beard Books. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --
Download or read book One L written by Scott Turow and published by Farrar, Straus and Giroux. This book was released on 2010-08-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.
Book Synopsis The Problems of Jurisprudence by : Richard A. Posner
Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Book Synopsis Law and Objectivity by : Kent Greenawalt
Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.
Book Synopsis The Transformation or Reconstitution of Europe by : Tamara Perišin
Download or read book The Transformation or Reconstitution of Europe written by Tamara Perišin and published by Bloomsbury Publishing. This book was released on 2018-03-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Book Synopsis Sexy Dressing Etc by : Duncan Kennedy
Download or read book Sexy Dressing Etc written by Duncan Kennedy and published by Harvard University Press. This book was released on 1995-08-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kennedy argues that American radicalism is possible and desirable. One base for radical politics is the institutional workplace; another is popular culture (hence, sexy dressing). Kennedy's aim is to wed the rebelliousness, irony, and irrationalism of cultural modernism and postmodernism to the earnestness of political correctness.
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