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The Cultural Study of Law - Reconstructing Legal Scholarship (Paperback, New Ed)
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The Cultural Study of Law - Reconstructing Legal Scholarship (Paperback, New Ed)
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Total price: R964
Discovery Miles: 9 640
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Belief in the rule of law characterizes our society, our political
order, and even our identity as citizens. Yet despite the
importance of this phenomenon, those who study culture have failed
to focus on the law. In this work, Paul Kahn provides a full
examination of what it means to conduct a modern intellectual
inquiry into the culture of law. He explains the shortcomings of
current legal scholarship and, more important, charts the way for
the development of an entirely new intellectual discipline of law,
one that approaches law as a way of life rather than a set of
rules. Kahn argues that legal scholars, despite the appearance of
some sophisticated theory in modern legal scholarship, are bound to
the idea of improving the law through reform. The state of current
legal scholarship can be compared to the study of religion around
the turn of the century, when it was a part of the practice of
religion and not a distinct intellectual discipline as it is today.
To conduct a genuine study of our legal culture, we must step
outside the boundaries of our legal system, abandon the ambition of
reform, and instead interpret the beliefs and practices that
constitute the rule of law. Kahn outlines the conceptual tools and
methodology necessary for such an inquiry. Drawing on modern
cultural studies, he analyzes the concepts of time, space, citizen,
judge, sovereignty, and theory within the culture of the rule of
law.
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