Kantianism, Postmodernism and Critical Legal Thought

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Publisher : Springer Science & Business Media
ISBN 13 : 9401588309
Total Pages : 172 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Kantianism, Postmodernism and Critical Legal Thought by : I. Ward

Download or read book Kantianism, Postmodernism and Critical Legal Thought written by I. Ward and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.

Kantianism, Postmodernism and Critical Legal Thought

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Author :
Publisher : Springer
ISBN 13 : 9789401588317
Total Pages : 172 pages
Book Rating : 4.5/5 (883 download)

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Book Synopsis Kantianism, Postmodernism and Critical Legal Thought by : Ian Ward

Download or read book Kantianism, Postmodernism and Critical Legal Thought written by Ian Ward and published by Springer. This book was released on 2014-03-14 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.

Postmodernism and Law

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Author :
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Postmodernism and Law by : Helen Stacy

Download or read book Postmodernism and Law written by Helen Stacy and published by Ashgate Publishing. This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion asserts that legal theory is being transformed by postmodern and critical social theory. The author argues for a familiarity with postmodern legal and social theory, as postmodernism could potentially fundamentally alter the legal meaning of agency, rationality, and intention.

Postmodern Philosophy and Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Postmodern Philosophy and Law by : Douglas E. Litowitz

Download or read book Postmodern Philosophy and Law written by Douglas E. Litowitz and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Philosophy of Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks

Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Introduction to Critical Legal Theory

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1136997822
Total Pages : 217 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Introduction to Critical Legal Theory by : Ian Ward

Download or read book Introduction to Critical Legal Theory written by Ian Ward and published by Taylor & Francis. This book was released on 2012-10-02 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

American Legal Thought from Premodernism to Postmodernism

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Publisher : Oxford University Press
ISBN 13 : 019802696X
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis American Legal Thought from Premodernism to Postmodernism by : Stephen M. Feldman

Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Law and Social Theory

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Publisher : A&C Black
ISBN 13 : 1782252045
Total Pages : 438 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Social Theory by : Reza Banakar

Download or read book Law and Social Theory written by Reza Banakar and published by A&C Black. This book was released on 2014-07-18 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

The Rule of Law History, Theory and Criticism

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Publisher : Springer Science & Business Media
ISBN 13 : 1402057458
Total Pages : 700 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa

Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Images and Cultures of Law in Early Modern England

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Publisher : Cambridge University Press
ISBN 13 : 9780521827393
Total Pages : 320 pages
Book Rating : 4.8/5 (273 download)

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Book Synopsis Images and Cultures of Law in Early Modern England by : Paul Raffield

Download or read book Images and Cultures of Law in Early Modern England written by Paul Raffield and published by Cambridge University Press. This book was released on 2004-04-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interesting interpretation of the arcane world of the early modern legal community.

Just Cause

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Publisher : Rowman & Littlefield
ISBN 13 : 9780847697915
Total Pages : 228 pages
Book Rating : 4.6/5 (979 download)

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Book Synopsis Just Cause by : Drucilla Cornell

Download or read book Just Cause written by Drucilla Cornell and published by Rowman & Littlefield. This book was released on 2000 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the distinguishing features of Drucilla Cornell's work is its emphasis on the significance of ideals. The essays collected here examine how the ideals of freedom and equality associated with the democratic revolutions of the West have survived the challenges of twentieth century critiques. Cornell argues that, far from threatening these ideals, feminism, race theory and other new theories have deepened their meaning and so allowed them to survive. In particular, Cornell here engages with issues surrounding representation and rights. Drawing on her experiences as a union organizer, she recounts how workers, and in particular women workers, came to imagine themselves in a way that allowed them to engage in political activism. The kind of representation-- the imaginative acts by which we envisage the world and our role in it-- is entwined, she argues, with struggles for representation in democratic practice. Cornell's work on law also reveals her vision of the role of the ideal. Included here are two of her most important contributions to legal theory--her well-known defense of worker's rights (also included is the response to her essay by Judge Richard Posner) and her ground-breaking defense of Spanish-language rights.

Theory of Legal Principles

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Publisher : Springer Science & Business Media
ISBN 13 : 1402058799
Total Pages : 154 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Theory of Legal Principles by : Humberto Avila

Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

A Theory of Legal Sentences

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Publisher : Springer Science & Business Media
ISBN 13 : 9780792348566
Total Pages : 216 pages
Book Rating : 4.3/5 (485 download)

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Book Synopsis A Theory of Legal Sentences by : Manuel Atienza

Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 1997-11-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

The Concept of Ideals in Legal Theory

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Publisher : Springer Science & Business Media
ISBN 13 : 9789041119711
Total Pages : 274 pages
Book Rating : 4.1/5 (197 download)

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Book Synopsis The Concept of Ideals in Legal Theory by : Sanne Taekema

Download or read book The Concept of Ideals in Legal Theory written by Sanne Taekema and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

The Politics of Postmodernism

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Publisher : Routledge
ISBN 13 : 1134465181
Total Pages : 232 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis The Politics of Postmodernism by : Linda Hutcheon

Download or read book The Politics of Postmodernism written by Linda Hutcheon and published by Routledge. This book was released on 2003-12-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text remains one of the clearest and most incisive introductions to postmodernism. Perhaps more importantly, it is a compelling discussion of why postmodernism matters. Working through the issue of representation in art forms from fiction to photography, Linda Hutcheon sets out postmodernism's highly political challenge to the dominant ideologies of the western world. A new epilogue traces the fate of the postmodern over the last ten years and into the future, responding to claims that it has, once and for all, 'failed'. Together with the new epilogue, this edition contains revised notes on further reading and a fully updated bibliography. This revised edition of The Politics of Postmodernism continues its position as essential reading.

Living Lawfully

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Publisher : Springer Science & Business Media
ISBN 13 : 9401720991
Total Pages : 255 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Living Lawfully by : Z. Bankowski

Download or read book Living Lawfully written by Z. Bankowski and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.

Constitutional Justice, East and West

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Publisher : Springer Science & Business Media
ISBN 13 : 9789041118837
Total Pages : 472 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski

Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.