1,721,064 research outputs found
'At the stroke of midnight...': postcolonial jurisprudence
No full textJurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice.
But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Book description from publisher website at: http://www.hartpub.co.uk/books/details.asp?isbn=978184113452
One law against another? Human rights, divine authority and the common law
No full textBook synopsis: Islam, Law and Identity brings together a range of Muslim and non Muslim scholars in order to focus on recent debates about the nature of sacred and secular law. Law is central to the complex ways in which different Muslim communities and institutions create and re-create their identities around symbols of faith and law. But what is at stake here is not a conflict between common law and Shari`a, but the possibility of opening both forms of law to different constructions of identity. Exploring a more nuanced and sophisticated understanding of the differences and similarities between the secular and the divine, this collection examines the different legacies of monotheism, and their connection with legal traditions.And, in so doing, it takes up the specific conjunctions of traditions that give meaning, and constitute identity, in relation to such terms as Shari`a law, modernity and secularisation
News from nowhere: anxiety, critical legal studies and the critical ‘tradition(s)'
No full textJurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice.
But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Book description from publisher website at: http://www.hartpub.co.uk/books/details.asp?isbn=978184113452
The poetics of truth and reconciliation
No full textBook synopsis: This book explores the many approaches available to the study of law and literature. \ud
An exploration of the many relationships between law and literature.\ud
Looks at what law and literature can learn from one another.\ud
Makes those involved in literary studies more conscious of the impact that law has had on literary history.\ud
Treats subjects as diverse as Socrates and Marx.\ud
Contributors are significant scholars from the fields of legal theory and critical theory
Human rights and the integrity of the law
No full textThe Politics of the Common Law is an introduction to the English legal system that places the law in its contemporary context. It is not like other conventional accounts that simply seek to describe institutions and summarise details. The book is a coherent argument, organised around a number of central claims. Can today's common law be characterised as a series of emergent practices that articulate the principles of human rights and due process? The common law is presented as historical experience; the authors present the perspective that we are in the opening of a new chapter.
The argument examines the impact of the European Convention on the structures and ideologies of the common law, and suggests that there is now a general jurisprudence of human rights stemming from the Human Rights Act. The Human Rights Act has also led to more pronounced judicial intervention into politics, and is precipitating a debate on the forms that the rule of law should assume in contemporary British democracy. Equally important is the function of European Union law, and the extent to which it is also committed to due process and the rule of law. These themes are read into civil and criminal procedure, and broader concerns about the tensions between the requirements of economics and the demands of justice. Can a revitalised common law address a plural, post-colonial future?
Book description from publisher website at: http://www.routledgelaw.com/books/The-Politics-of-the-Common-Law-isbn978041548153
Islam, law and identity
No full textIslam, Law and Identity brings together a range of Muslim and non Muslim scholars in order to focus on recent debates about the nature of sacred and secular law. Law is central to the complex ways in which different Muslim communities and institutions create and re-create their identities around symbols of faith and law. But what is at stake here is not a conflict between common law and Shari`a, but the possibility of opening both forms of law to different constructions of identity. Exploring a more nuanced and sophisticated understanding of the differences and similarities between the secular and the divine, this collection examines the different legacies of monotheism, and their connection with legal traditions.And, in so doing, it takes up the specific conjunctions of traditions that give meaning, and constitute identity, in relation to such terms as Shari`a law, modernity and secularisation
Revitalising law and literature
No full textBook synopsis: This book explores the many approaches available to the study of law and literature.
An exploration of the many relationships between law and literature.
Looks at what law and literature can learn from one another.
Makes those involved in literary studies more conscious of the impact that law has had on literary history.
Treats subjects as diverse as Socrates and Marx.
Contributors are significant scholars from the fields of legal theory and critical theory
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Shari’a, faith and critical legal theory
No full textBook synopsis: The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularizatio
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