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Critical Jurisprudence: The Political Philosophy of Justice

Autor Adam Gearey, Costas Douzinas
en Limba Engleză Paperback – 21 sep 2005
Jurisprudence 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.
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Specificații

ISBN-13: 9781841134529
ISBN-10: 184113452X
Pagini: 388
Dimensiuni: 156 x 234 x 19 mm
Greutate: 0.57 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Essential reading for anyone seeking an alternative account of the jurisprudential tradition.

Notă biografică

Costas Douzinas is Professor of Law and Dean of the Faculty of Arts, Birkbeck College, University of London.Adam Gearey is a Senior Lecturer in Law at Birkbeck College, University of London.

Cuprins

Part 1: Introductions1 From Restricted to General Jurisprudence2 Law's Others: Poststructuralism and LawPart 2: Classical Jurisprudence3 Natural Law, Resistance and Utopia4 Justice: A Short History of (a Long) Failure5 England's Dreaming: The Spirits of Positivism6 Manuscript Found in a Bottle: Notes Towards a Theory of JudgementPart 3: Philosophical Differences7 The Colour of Law: Identity, Recognition, Rights8 Letter to a Wound: Marxism, Justice and the Social Order Part 4: Critical Jurisprudence9 News from Nowhere: Anxiety, Critical Legal Studies and Critical 'Tradition(s)'10 White Law, Black Power: Racism, Resistance and Critical Jurisprudence11 'At the Stroke of Midnight . . .': Postcolonial JurisprudencePart 5: Aesthetic Jurisprudence 12 Psychoanalysis Becomes the Law13 The Lion for Real: Law and the Demands of Literature

Descriere

This provocative, engaging and insightful text is essential anyone seeking an alternative account of the jurisprudential tradition.