American Legal Thought From Premodernism To Postmodernism
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American Legal Thought From Premodernism To Postmodernism
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Author : Stephen M. Feldman
language : en
Publisher: Oxford University Press
Release Date : 2000-01-20
American Legal Thought From Premodernism To Postmodernism written by Stephen M. Feldman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-20 with Law categories.
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
The European Codification Process
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Author : Ugo Mattei
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
The European Codification Process written by Ugo Mattei and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.
Law Lawyers And Race
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Author : Mathias Möschel
language : en
Publisher: Routledge
Release Date : 2014-09-15
Law Lawyers And Race written by Mathias Möschel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-15 with Law categories.
Critical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.
Postmodern Philosophy And Law
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Author : Douglas E. Litowitz
language : en
Publisher:
Release Date : 1997
Postmodern Philosophy And Law written by Douglas E. Litowitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR
Under Cover Of Science
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Author : James R. Hackney Jr.
language : en
Publisher: Duke University Press
Release Date : 2007-03-28
Under Cover Of Science written by James R. Hackney Jr. and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-28 with Law categories.
For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations—particularly regarding the distribution of wealth—under the cover of science. Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.
Postmodernism And Law
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Author : Helen Stacy
language : en
Publisher: Ashgate Publishing
Release Date : 2001
Postmodernism And Law written by Helen Stacy and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Jurisprudence categories.
This discussion asserts that legal theory is being transformed by postmodern and critical social theory. The author argues for a familiarity with postmodern legal and social theory, as postmodernism could potentially fundamentally alter the legal meaning of agency, rationality, and intention.
Kantianism Postmodernism And Critical Legal Thought
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Author : I. Ward
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Kantianism Postmodernism And Critical Legal Thought written by I. Ward and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Law categories.
Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.
The Language Of Law And Food
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Author : Salvatore Mancuso
language : en
Publisher: Routledge
Release Date : 2021-04-27
The Language Of Law And Food written by Salvatore Mancuso and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-27 with Language Arts & Disciplines categories.
This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.
Postmodern Legal Movements
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Author : Gary Minda
language : en
Publisher: NYU Press
Release Date : 1996-05-01
Postmodern Legal Movements written by Gary Minda and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-05-01 with Law categories.
What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Under Cover Of Science
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Author : James R. Hackney
language : en
Publisher: Duke University Press
Release Date : 2007-03-28
Under Cover Of Science written by James R. Hackney and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-28 with Business & Economics categories.
DIVA critique of the Law & Economics movement, this book draws connections between conceptions of science and efforts at legitimating American legal theory as an objective enterprise./div