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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Critical Jurisprudence - The Political Philosophy of Justice (Paperback)
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Critical Jurisprudence - The Political Philosophy of Justice (Paperback)
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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.
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