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In the contemporary domain of American legal thought there is a
dominant way in which lawyers and judges craft their argumentative
practice. More colloquially, this is a dominant conception of what
it means to 'think like a lawyer'. Despite the widespread
popularity of this conception, it is rarely described in detail or
given a name. Justin Desautels-Stein tells the story of how and why
this happened, and why it matters. Drawing upon and updating the
work of Harvard Law School's first generation of critical legal
studies, Desautels-Stein develops what he calls a jurisprudence of
style. In doing so, he uncovers the intellectual alliance, first
emerging at the end of the nineteenth century and maturing in the
last third of the twentieth century, between American pragmatism
and liberal legal thought. Applying the tools of legal
structuralism and phenomenology to real-world cases in areas of
contemporary legal debate, this book develops a practice-oriented
understanding of legal thought.
In a world in which racism and xenophobia are endemic, what is the
role of international law? To the extent international rules are
thought to have any relevance at all, the typical approach
characterizes international law as on the side of racial justice.
Human rights instruments like the United Nations' International
Convention on the Elimination of Racial Discrimination are
paradigmatic, offering the world international agreements in which
governments are directed to avoid racist behavior and promote
antiracist action. In The Right to Exclude, Justin Desautels-Stein
goes against the grain and asks whether certain rules of
international law might actually produce structures of racial
hierarchy, rather than limiting them. The intellectual fulcrum for
this production, Desautels-Stein argues, lies in the ideological
structures of sovereignty and property, the right to exclude that
is shared in those twinned precincts, and the border regimes that
result. Applying critical race theory to contemporary problems of
migration, nationalism, multiculturalism, decolonization, and
self-determination, Desautels-Stein expounds a theory of
"postracial xenophobia", a structure of racial ideology that
justifies and legitimates a pragmatic account of racialized
foreignness, a racial xenos.
In the contemporary domain of American legal thought there is a
dominant way in which lawyers and judges craft their argumentative
practice. More colloquially, this is a dominant conception of what
it means to 'think like a lawyer'. Despite the widespread
popularity of this conception, it is rarely described in detail or
given a name. Justin Desautels-Stein tells the story of how and why
this happened, and why it matters. Drawing upon and updating the
work of Harvard Law School's first generation of critical legal
studies, Desautels-Stein develops what he calls a jurisprudence of
style. In doing so, he uncovers the intellectual alliance, first
emerging at the end of the nineteenth century and maturing in the
last third of the twentieth century, between American pragmatism
and liberal legal thought. Applying the tools of legal
structuralism and phenomenology to real-world cases in areas of
contemporary legal debate, this book develops a practice-oriented
understanding of legal thought.
For more than a century, law schools have trained students to
'think like a lawyer'. In these times of legal crisis, both in
legal education and in global society, what does that mean for the
rest of us? In this book, thirty leading international scholars -
including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay,
Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan
Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise
Riles, Charles F. Sabel and William H. Simon - examine what is
distinctive about legal thought. They probe the relation between
law and time, law and culture, and legal thought and legal action;
the nature of current legal thought; the geography of legal
thought; and the conditions for recognition of a new 'contemporary'
style of law. This work will help theorists, social scientists,
historians and students understand the intellectual context of
legal problems, legal doctrine, and jurisprudential trends in the
current conjuncture.
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