Searching For Contemporary Legal Thought

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Searching for Contemporary Legal Thought

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
ISBN 13 : 1108363660
Total Pages : 961 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Searching for Contemporary Legal Thought by : Justin Desautels-Stein

Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

Searching for Contemporary Legal Thought

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
ISBN 13 : 1108365221
Total Pages : 596 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Searching for Contemporary Legal Thought by : Justin Desautels-Stein

Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The Jurisprudence of Style

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
ISBN 13 : 1108601464
Total Pages : 319 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Jurisprudence of Style by : Justin Desautels-Stein

Download or read book The Jurisprudence of Style written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2018-02-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

New Rhetorics for Contemporary Legal Discourse

Author : Angela Condello
Publisher : Edinburgh University Press
ISBN 13 : 147445058X
Total Pages : 184 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis New Rhetorics for Contemporary Legal Discourse by : Angela Condello

Download or read book New Rhetorics for Contemporary Legal Discourse written by Angela Condello and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

Research Handbook on Critical Legal Theory

Author : Emilios Christodoulidis
Publisher : Edward Elgar Publishing
ISBN 13 : 1786438895
Total Pages : 560 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Critical Legal Theory by : Emilios Christodoulidis

Download or read book Research Handbook on Critical Legal Theory written by Emilios Christodoulidis and published by Edward Elgar Publishing. This book was released on 2019 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and the Politics of History

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1108480942
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Politics of History by : Anne Orford

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

The Right to Exclude

Author : Justin Desautels-Stein
Publisher : Oxford University Press
ISBN 13 : 0198862164
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Right to Exclude by : Justin Desautels-Stein

Download or read book The Right to Exclude written by Justin Desautels-Stein and published by Oxford University Press. This book was released on 2023-03-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.

Theorizing Contemporary Legal Thought

Author : Duke University. School of Law
Publisher :
ISBN 13 :
Total Pages : 270 pages
Book Rating : 4.:/5 (98 download)

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Book Synopsis Theorizing Contemporary Legal Thought by : Duke University. School of Law

Download or read book Theorizing Contemporary Legal Thought written by Duke University. School of Law and published by . This book was released on 2015 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Spaces

Author : Sabine Müller-Mall
Publisher : Springer Science & Business Media
ISBN 13 : 3642367305
Total Pages : 144 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Legal Spaces by : Sabine Müller-Mall

Download or read book Legal Spaces written by Sabine Müller-Mall and published by Springer Science & Business Media. This book was released on 2013-04-09 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1

Author : Jan H Dalhuisen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925430
Total Pages : 736 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 by : Jan H Dalhuisen

Download or read book Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.

Legal Intellectuals in Conversation

Author : James R. Hackney
Publisher : NYU Press
ISBN 13 : 0814737072
Total Pages : 256 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Legal Intellectuals in Conversation by : James R. Hackney

Download or read book Legal Intellectuals in Conversation written by James R. Hackney and published by NYU Press. This book was released on 2012-08-03 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author interviews ten legal experts that in the late 20th century changed the way we understand and use theory in law today.

African Legal Theory and Contemporary Problems

Author : Oche Onazi
Publisher : Springer Science & Business Media
ISBN 13 : 9400775377
Total Pages : 293 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis African Legal Theory and Contemporary Problems by : Oche Onazi

Download or read book African Legal Theory and Contemporary Problems written by Oche Onazi and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.

Philosophy of Law

Author : Andrei Marmor
Publisher : Princeton University Press
ISBN 13 : 0691163960
Total Pages : 180 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Philosophy of Law by : Andrei Marmor

Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

Looking for Law in All the Wrong Places

Author : Marianne Constable
Publisher : Fordham Univ Press
ISBN 13 : 0823283720
Total Pages : 272 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Looking for Law in All the Wrong Places by : Marianne Constable

Download or read book Looking for Law in All the Wrong Places written by Marianne Constable and published by Fordham Univ Press. This book was released on 2019-03-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Seminar Papers from the Contemporary Legal Theory Seminar

Author : University of Chicago. Law School. Contemporary Legal Theory Seminar (1989)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (213 download)

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Book Synopsis Seminar Papers from the Contemporary Legal Theory Seminar by : University of Chicago. Law School. Contemporary Legal Theory Seminar (1989)

Download or read book Seminar Papers from the Contemporary Legal Theory Seminar written by University of Chicago. Law School. Contemporary Legal Theory Seminar (1989) and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Christian Perspectives on Legal Thought

Author : Michael W. McConnell
Publisher : Yale University Press
ISBN 13 : 0300130066
Total Pages : 515 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Christian Perspectives on Legal Thought by : Michael W. McConnell

Download or read book Christian Perspectives on Legal Thought written by Michael W. McConnell and published by Yale University Press. This book was released on 2008-10-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

Euroconstitutionalism and its Discontents

Author : Oliver Gerstenberg
Publisher : Oxford University Press
ISBN 13 : 0192571168
Total Pages : 192 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Euroconstitutionalism and its Discontents by : Oliver Gerstenberg

Download or read book Euroconstitutionalism and its Discontents written by Oliver Gerstenberg and published by Oxford University Press. This book was released on 2018-12-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.