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Kangaroo Courts and the Rule of Law - The Legacy of Modernism (Hardcover)
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Kangaroo Courts and the Rule of Law - The Legacy of Modernism (Hardcover)
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Kangaroo Courts and the Rule of Law -The Legacy of Modernism
addresses the legacy of contemporary critiques of language for the
concept of the rule of law. Between those who care about the rule
of law and those who are interested in contemporary legal theory,
there has been a dialogue of the deaf, which cannot continue.
Starting from the position that contemporary critiques of
linguistic meaning and legal certainty are too important to be
dismissed, Desmond Manderson takes up the political and
intellectual challenge they pose. Can the rule of law be
re-configured in light of the critical turn of the past several
years in legal theory, rather than being steadfastly opposed to it?
Pursuing a reflection upon the relationship between law and the
humanities, the book stages an encounter between the influential
theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H.
Lawrence's strange and misunderstood novel Kangaroo (1923). At a
critical juncture in our intellectual history - the modernist
movement at the end of the first world war - and struggling with
the same problems we are puzzling over today, Lawrence articulated
complex ideas about the nature of justice and the nature of
literature. Using Lawrence to clarify Derrida's writings on law, as
well as using Derrida and Bakhtin to clarify Lawrence's experience
of literature, Manderson makes a robust case for 'law and
literature.' With this framework in mind he outlines a
'post-positivist' conception of the rule of law - in which justice
is imperfectly possible, rather than perfectly impossible.
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