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Critical theory encapsulates the many connections between theory
and praxis. This Research Handbook addresses the broad range of
these connections in relation to legal thought. Featuring
contributions from leading scholars of law and critical theory, the
Handbook confronts the logic of the institutional with its specific
challenges right across the broad field of legal thought. The
Research Handbook initially addresses the question of definition,
tracking the origins and development of critical legal theory along
its European and North American trajectories. Thematic connections
are made between the development of legal theory and other currents
of critical thought including feminism, Marxism, critical race
theory, varieties of postmodernism, as well as the various 'turns'
(ethical, aesthetic, political) of critical legal theory. Finally,
particular legal disciplines are examined, including labour,
criminal and intellectual property law, exploring what critical
approaches reveal about them with the clear focus on opportunities
for social transformation. This comprehensive and forward-looking
Research Handbook will be of great interest to adherents of
critical legal theory and scholars of jurisprudence more widely, as
it provides a valuable analysis of the latest research and thinking
in this dynamic field.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is organised in three parts: Part I
sets out the key elements of modern law and their relation to
political, economic, and social conditions. Part II presents
competing accounts of the nature of legal validity, legality, legal
reasoning, and justice. Both parts feature corresponding tutorial
questions. Part III contains advanced topics including chapters on
legal pluralism, law and disciplinary power, and law and the
Anthropocene. Every chapter gives guidance on further reading. This
fourth edition has been fully revised and updated to take into
account the latest developments in jurisprudential scholarship.
Additional material is included in the coverage of social law,
colonialism and critical race theory, the challenges of digital
technology and the emergence of new legal subjects. Accessible,
interdisciplinary and socially informed, Jurisprudence: Themes and
Concepts is essential reading for all students of jurisprudence and
legal philosophy.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is organised in three parts: Part I
sets out the key elements of modern law and their relation to
political, economic, and social conditions. Part II presents
competing accounts of the nature of legal validity, legality, legal
reasoning, and justice. Both parts feature corresponding tutorial
questions. Part III contains advanced topics including chapters on
legal pluralism, law and disciplinary power, and law and the
Anthropocene. Every chapter gives guidance on further reading. This
fourth edition has been fully revised and updated to take into
account the latest developments in jurisprudential scholarship.
Additional material is included in the coverage of social law,
colonialism and critical race theory, the challenges of digital
technology and the emergence of new legal subjects. Accessible,
interdisciplinary and socially informed, Jurisprudence: Themes and
Concepts is essential reading for all students of jurisprudence and
legal philosophy.
Critical theory encapsulates the many connections between theory
and praxis. This Research Handbook addresses the broad range of
these connections in relation to legal thought. Featuring
contributions from leading scholars of law and critical theory, the
Handbook confronts the logic of the institutional with its specific
challenges right across the broad field of legal thought. The
Research Handbook initially addresses the question of definition,
tracking the origins and development of critical legal theory along
its European and North American trajectories. Thematic connections
are made between the development of legal theory and other currents
of critical thought including feminism, Marxism, critical race
theory, varieties of postmodernism, as well as the various 'turns'
(ethical, aesthetic, political) of critical legal theory. Finally,
particular legal disciplines are examined, including labour,
criminal and intellectual property law, exploring what critical
approaches reveal about them with the clear focus on opportunities
for social transformation. This comprehensive and forward-looking
Research Handbook will be of great interest to adherents of
critical legal theory and scholars of jurisprudence more widely, as
it provides a valuable analysis of the latest research and thinking
in this dynamic field.
In a critical engagement with the function of public law and with
constitutionalism in its political dimensions, this volume brings
together the reflections of three leading constitutionalists:
Martin Loughlin, James Tully and Frank Michelman. Comprising three
critical commentaries on each, it addresses the multiple ways in
which public law is implicated in the logic of rule. This operates
on the one hand in maintaining and underwriting relative patterns
of power and weakness through political structures and processes.
On the other hand, public law is considered to contain the
potential to redress these patterns through the use of
constitutional authority, social and economic as well as civil and
political rights, redistribution of political power, the expansion
of territorial governance, and moves to supra-state levels of
authority. The book reproduces, in a succinct and organized way,
the insights into both the limitations and the potentialities of
public law within its political setting.
In a critical engagement with the function of public law and with
constitutionalism in its political dimensions, this volume brings
together the reflections of three leading constitutionalists:
Martin Loughlin, James Tully and Frank Michelman. Comprising three
critical commentaries on each, it addresses the multiple ways in
which public law is implicated in the logic of rule. This operates
on the one hand in maintaining and underwriting relative patterns
of power and weakness through political structures and processes.
On the other hand, public law is considered to contain the
potential to redress these patterns through the use of
constitutional authority, social and economic as well as civil and
political rights, redistribution of political power, the expansion
of territorial governance, and moves to supra-state levels of
authority. The book reproduces, in a succinct and organized way,
the insights into both the limitations and the potentialities of
public law within its political setting.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is presented in three parts: the
first two contain general themes with corresponding tutorial
questions, and the third contains advanced topics. Every chapter in
the book gives guidance on further reading. Accessible,
interdisciplinary and socially informed, this book has been revised
to take into account the latest developments in jurisprudential
scholarship.
This Element looks first at the fundamental principle of modernity
that is the functional differentiation of society, and the
emergence of autonomous, positive law. The careful architecture of
differentiation, balance, and mutual performance between the legal,
political and economic systems is jeopardised with the hypertrophy
of any one of the structurally coupled systems at the expense of
the others. The pathologies are described in the second section of
the Element. It explores how, under conditions of globalisation,
market thinking came to hoist itself to the position of privileged
site of societal rationality. In the third section we look at what
sustains law's own 'reflexive intelligence' under conditions of
globalisation, and whether we can still rely today on the
constitutional achievement to guarantee law's autonomy, its
democratic credentials and its ability to reproduce normative
expectations today.
From a legal-philosophical point of view, The Redress of Law
presents a critical analysis of a number of related doctrinal
fields: constitutional, labour and EU Law. Focusing on the
organisation and protection of work, this book asks what it means
to protect work as an essential aspect of human (individual and
collective) flourishing. This is an ambitious and highly
sophisticated intervention in contemporary academic and political
debates around a set of critically important questions connected to
processes of globalisation and market integration. The author
redefines the nature of legal and political thought in an age in
which market rationality has exceeded its classic domain and has
come to pervade the organization of social and political life. This
restatement of critical legal theory is intended to defend the
concept of constitutionalism and suggest new ways to deploy the law
strategically.
From a legal-philosophical point of view, The Redress of Law
presents a critical analysis of a number of related doctrinal
fields: constitutional, labour and EU Law. Focusing on the
organisation and protection of work, this book asks what it means
to protect work as an essential aspect of human (individual and
collective) flourishing. This is an ambitious and highly
sophisticated intervention in contemporary academic and political
debates around a set of critically important questions connected to
processes of globalisation and market integration. The author
redefines the nature of legal and political thought in an age in
which market rationality has exceeded its classic domain and has
come to pervade the organization of social and political life. This
restatement of critical legal theory is intended to defend the
concept of constitutionalism and suggest new ways to deploy the law
strategically.
This book offers a series of original essays by an international
group of scholars whose work looks comparatively at law's attempts
to deal with the past. Ranging from questions of criminal
responsibility and amnesty to those of law's relation to
time,memory, and the ethics of reconciliation, it is a sustained
jurisprudential and philosophical analysis of one of the most
important and pressing legal concerns of our time. Among its key
concerns is that justice's demand on law has changed and, in the
face of a divided and violent past, law is being called on to do
the kind of work it ordinarily shuns. What this means for
conventional understandings of law, as well as for the relation
between law and politics in times of transition, is explored
through a discussion of experiences from Eastern Europe and
Germany, to South Africa, Israel, and Australia. The book thus
provides a timely investigation of the nature of law and legal
institutions in times of political and social change, and will
appeal to a broad international audience including lawyers,
political theorists, criminologists, and philosophers.
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