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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Law and Reflexive Politics (Hardcover, 1998 ed.)
Loot Price: R6,066
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Law and Reflexive Politics (Hardcover, 1998 ed.)
Series: Law and Philosophy Library, 35
Expected to ship within 10 - 15 working days
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Law is the great concealer; and law is everywhere. Or so claimed
Marxists once upon a time. [Law] was imbricated within the mode of
production and productive relations themselves . . . it intruded
brusquely within alien categories, re-appearing bewigged and gowned
in the form of ideology; . . . it was an arm of politics and
politics was one of its arms; it was an academic discipline,
subjected to the rigour of its own autonomous logic, it contributed
to the definition of the self-identity of both the rulers 1 and the
ruled. Does the old critique of domination still hold any sway?
Apparently not. Or so even scholars of the far Left keep reminding
us in their eagerness to embrace law and proclaim their allegiance
to the new constitutional politics of civil society. Old Marxists
now describe popular sovereignty as 'co-original' with, and
democracy 'internally linked' to 2 constitutional rights and find
it hard to remember what it was they once disagreed with liberals
about. No tension left between emancipatory politics and oppressive
law; instead we have reciprocal constitution, simultaneous
realisation. In the Left's embracing of the new constitutionalisms
its old critique of law - the critique of the law's concealment of
class inequality, class conflict and class action - is left behind.
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