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An Introduction To Critical Legal Theory

Author: Ian Ward
Publisher: Routledge
ISBN: 185941348X
Size: 63.42 MB
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This book is a comprehensive text for both students and teachers of legal theory,jurisprudence and related subjects. It introduces all the traditional schools of legal theory, from natural law to Positivism to Legal Formalism as well as a number of contemporary and interdisciplinary approaches to legal theory including law and economics, law and society, law and literature, critical legal studies, feminism, race theory and post modernism. In the process of so doing, as well as introducing the reader to established jurists, such as Bentham and Hart, Rawls and Durkin, the text also introduces philosophers such as Plato, Kant and Sartre, economists such as Smith, Keynes and Galbraith, social theorists such as Foucault, Marx and literary theorists such as Derrida and Fish. This book seeks to perfect the increasing ambition of Legal Theory to reach beyond the narrow confines of traditional jurisprudence and to re-establish itself within the wider intellectual world. This book is not just a text about legal theory, it is also a text which introduces the reader to philosophy, economics, politics, history, literature and social theory. It thus provides not just a critical introduction to legal theory, but an introduction to the entire ambition of law as an intellectual discipline.

A Guide To Critical Legal Studies

Author: Mark Kelman
Publisher: Harvard University Press
ISBN: 9780674367562
Size: 54.53 MB
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Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.

Introduction To Critical Legal Theory

Author: Ian Ward
Publisher: Routledge
ISBN: 1136997814
Size: 47.48 MB
Format: PDF, Docs
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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Understanding Jurisprudence

Author: Raymond Wacks
Publisher: Oxford University Press, USA
ISBN: 0198723865
Size: 63.48 MB
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With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter

Philosophy Of Law

Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Size: 59.47 MB
Format: PDF
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The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

A Discussion Of Critical Legal Studies Claim Of Legal Indeterminacy

Author: Ian Benitez
Publisher: GRIN Verlag
ISBN: 3668032580
Size: 68.15 MB
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Bachelor Thesis from the year 2015 in the subject Law - Philosophy, History and Sociology of Law, grade: 1.75, , course: Bachelor of Arts in Philosophy, language: English, abstract: This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power – law is politics. Consequently, CLS maintained that these results to indeterminacy of law. Legal indeterminacy can be summed up as contrary to the common understanding that legal materials, statutes and case law, do not really answer legal disputes. Legal principles and doctrines, as CLS scholars claim, are said to be indeterminate, for it is riddle with gaps, conflicts, and anomalies that are widely present even in simple cases. Legal indeterminacy also rises because of the underlying political power – law is politics – that implicates law as merely a tool for oppression. This thesis shows that CLS assertions with legal indeterminacy is only grounded on ambiguity. On one hand, using the main concept of legal formalist logic and language grounded with sub-arguments: inherent generality of legal language, reasoned elaboration, and neutral principles, it refutes the CLS claims of legal indeterminacy. On the other, the paper maintains that their main reason of legal indeterminacy, ‘law is politics’, is merely a statement of fact that currently happens in society is sentimental and weak through counterexamples.

Globalisation And Legal Theory

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521605946
Size: 55.58 MB
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The text makes the case for a revival of general jurisprudence in response to globalisation.

A Companion To Philosophy Of Law And Legal Theory

Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 1444320122
Size: 16.50 MB
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The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars