Law and the Postmodern Mind

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Publisher : University of Michigan Press
ISBN 13 : 0472023101
Total Pages : 328 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Law and the Postmodern Mind by : Peter Goodrich

Download or read book Law and the Postmodern Mind written by Peter Goodrich and published by University of Michigan Press. This book was released on 2009-12-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.

Postmodern Philosophy and Law

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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

Postmodern Legal Movements

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Publisher : NYU Press
ISBN 13 : 0814761011
Total Pages : 362 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Postmodern Legal Movements by : Gary Minda

Download or read book Postmodern Legal Movements written by Gary Minda and published by NYU Press. This book was released on 1996-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

American Legal Thought from Premodernism to Postmodernism

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Publisher : Oxford University Press on Demand
ISBN 13 : 019510966X
Total Pages : 285 pages
Book Rating : 4.1/5 (951 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 on Demand. This book was released on 2000 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: American legal thought has progressed remarkably quickly from premodernism to modernism and into postmodernism in little over 200 years. This text tells the story of this mercurial journey of jurisprudence by showing the development of legal thought through these three intellectual periods.

Law and the Modern Mind

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Author :
Publisher : Routledge
ISBN 13 : 1351509551
Total Pages : 494 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and the Modern Mind by : Jerome Frank

Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 2017-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Postmodernism and Law

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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.

Refusal, Transition and Post-apartheid Law

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Publisher : AFRICAN SUN MeDIA
ISBN 13 : 192033808X
Total Pages : 163 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Refusal, Transition and Post-apartheid Law by : Karin Van Marle

Download or read book Refusal, Transition and Post-apartheid Law written by Karin Van Marle and published by AFRICAN SUN MeDIA. This book was released on 2009-11-01 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.

Erich Przywara and Postmodern Natural Law

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Publisher :
ISBN 13 : 9780268105938
Total Pages : 124 pages
Book Rating : 4.1/5 (59 download)

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Book Synopsis Erich Przywara and Postmodern Natural Law by : Graham James McAleer

Download or read book Erich Przywara and Postmodern Natural Law written by Graham James McAleer and published by . This book was released on 2019-10-31 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Graham McAleer's Erich Przywara and Postmodern Natural Law is the first work to present in an accessible way the thinking of Erich Przywara (1889-1972) for an English-speaking audience. Przywara's work remains little known to a broad Catholic audience, but it had a major impact on many of the most celebrated theologians of the twentieth century, including Hans Urs von Balthasar, Karl Rahner, Edith Stein, and Karl Barth. Przywara's ground-breaking text Analogia Entis (The analogy of being) brought theological metaphysics into the modern era. While the concept of "analogy of being" is typically understood in static terms, McAleer explores how Przywara transformed it into something dynamic. McAleer shows the extension of Przywara's thought into a range of disciplines: from a new theory of natural law to an explanation of how misunderstanding the analogy of being lies at the foundation of the puzzles of modernity and postmodernity. He demonstrates, through Przywara's conceptual framework, how contemporary moral problems, such as those surrounding robots, Islam and sumptuary laws, Nazism (including fascism and race), embryos, migration, and body modification, among others, are shaped by the failure of Western thought to address metaphysical quandaries. McAleer updates Przywara for a new audience searching for solutions to the failing humanism of the current age. This book will be of interest to intellectuals and scholars in a wide range of disciplines within philosophy or theology, and will appeal especially to those interested in systematic and moral theology.

Animals and the Limits of Postmodernism

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Publisher : Columbia University Press
ISBN 13 : 0231527292
Total Pages : 307 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Animals and the Limits of Postmodernism by : Gary Steiner

Download or read book Animals and the Limits of Postmodernism written by Gary Steiner and published by Columbia University Press. This book was released on 2013-04-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Animals and the Limits of Postmodernism, Gary Steiner illuminates postmodernism's inability to produce viable ethical and political principles. Ethics requires notions of self, agency, and value that are not available to postmodernists. Thus, much of what is published under the rubric of postmodernist theory lacks a proper basis for a systematic engagement with ethics. Steiner demonstrates this through a provocative critique of postmodernist approaches to the moral status of animals, set against the background of a broader indictment of postmodernism's failure to establish clear principles for action. He revisits the ideas of Derrida, Foucault, Nietzsche, and Heidegger, together with recent work by their American interpreters, and shows that the basic terms of postmodern thought are incompatible with definitive claims about the moral status of animals—as well as humans. Steiner also identifies the failures of liberal humanist thought in regards to this same moral dilemma, and he encourages a rethinking of humanist ideas in a way that avoids the anthropocentric limitations of traditional humanist thought. Drawing on the achievements of the Stoics and Kant, he builds on his earlier ideas of cosmic holism and non-anthropocentric cosmopolitanism to arrive at a more concrete foundation for animal rights.

The Cambridge Companion to Postmodernism

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Publisher : Cambridge University Press
ISBN 13 : 1107494133
Total Pages : 256 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Cambridge Companion to Postmodernism by : Steven Connor

Download or read book The Cambridge Companion to Postmodernism written by Steven Connor and published by Cambridge University Press. This book was released on 2004-07-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Postmodernism offers a comprehensive introduction to postmodernism. The Companion examines the different aspects of postmodernist thought and culture that have had a significant impact on contemporary cultural production and thinking. Topics discussed by experts in the field include postmodernism's relation to modernity, and its significance and relevance to literature, film, law, philosophy, architecture, religion and modern cultural studies. The volume also includes a useful guide to further reading and a chronology. This is an essential aid for students and teachers from a range of disciplines interested in postmodernism in all its incarnations. Accessible and comprehensive, this Companion addresses the many issues surrounding this elusive, enigmatic and often controversial topic.

Nietzsche and Legal Theory

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Publisher : Routledge
ISBN 13 : 1136749608
Total Pages : 221 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Nietzsche and Legal Theory by : Peter Goodrich

Download or read book Nietzsche and Legal Theory written by Peter Goodrich and published by Routledge. This book was released on 2013-08-21 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Features an anthology designed to provide legal and socio-legal scholars with a sense of the wide range of projects and questions.

Songs without Music

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Publisher : Univ of California Press
ISBN 13 : 0520922212
Total Pages : 318 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Songs without Music by : Desmond Manderson

Download or read book Songs without Music written by Desmond Manderson and published by Univ of California Press. This book was released on 2000-10-03 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different musical form. Law, for Manderson, should strive for neither coherence nor integrity. Rather, it is imperfectly realized, constantly reinterpreted, and always in flux. Songs without Music is written in an original, engaging, and often humorous style, and exhibits a deep knowledge of both law and music. It successfully traverses several disciplines and builds an original and persuasive argument for a legal aesthetic. The book will appeal to a broad readership in law, political theory, literary criticism, and cultural studies.

Politics, Postmodernity and Critical Legal Studies

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Publisher : Routledge
ISBN 13 : 1134883579
Total Pages : 248 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Politics, Postmodernity and Critical Legal Studies by : Costas Douzinas

Download or read book Politics, Postmodernity and Critical Legal Studies written by Costas Douzinas and published by Routledge. This book was released on 2005-08-02 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.

Law, Text, Terror

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Publisher : Routledge
ISBN 13 : 1135310475
Total Pages : 205 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Law, Text, Terror by : Peter Goodrich

Download or read book Law, Text, Terror written by Peter Goodrich and published by Routledge. This book was released on 2013-10-18 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected here under the governing signs, Law, Text, Terror have their origins in a singular and topical desire. Their motive is most immediately that of acknowledging the massive and eccentric contribution of the philologist, psychoanalyst and Romanist jurist Pierre Legendre to the study of legal institutions and juridical practices. He has unceasingly asked the question 'why law?' and in endeavouring to answer that question, in the course of over twenty-five books published during the last forty years, he has traversed a unique and uniquely idiosyncratic body of disciplines and knowledges relevant to the symbolic forms and institutional functions of the Western legal order. These essays reflect that singularity of drive as well as that diversity of scholarly interests by taking up, playing with, varying and developing the themes of text and terror, law and territory, that Legendre either introduced or made peculiarly his own.

Derrida and Law

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Publisher : Routledge
ISBN 13 : 1351569716
Total Pages : 588 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Derrida and Law by : Pierre Legrand

Download or read book Derrida and Law written by Pierre Legrand and published by Routledge. This book was released on 2017-07-05 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike.

Delimiting the Law

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Publisher : Pluto Press
ISBN 13 : 9780745311005
Total Pages : 0 pages
Book Rating : 4.3/5 (11 download)

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Book Synopsis Delimiting the Law by : Margaret Davies

Download or read book Delimiting the Law written by Margaret Davies and published by Pluto Press. This book was released on 1996-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, deconstruction, feminism and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover

The Type Theory of Law

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Publisher : Springer
ISBN 13 : 331930643X
Total Pages : 113 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis The Type Theory of Law by : Marko Novak

Download or read book The Type Theory of Law written by Marko Novak and published by Springer. This book was released on 2016-05-10 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung’s psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did.