Searching For Contemporary Legal Thought


Searching For Contemporary Legal Thought
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Searching For Contemporary Legal Thought


Searching For Contemporary Legal Thought
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Author : Justin Desautels-Stein
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13

Searching For Contemporary Legal Thought written by Justin Desautels-Stein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.


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.



The Jurisprudence Of Style


The Jurisprudence Of Style
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Author : Justin Desautels-Stein
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22

The Jurisprudence Of Style written by Justin Desautels-Stein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with History categories.


Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.



Legal Spaces


Legal Spaces
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Author : Sabine Müller-Mall
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-09

Legal Spaces written by Sabine Müller-Mall 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 2013-04-09 with Law categories.


This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.



The Right To Exclude


The Right To Exclude
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Author : Justin Desautels-Stein
language : en
Publisher: Oxford University Press
Release Date : 2023-03-09

The Right To Exclude written by Justin Desautels-Stein 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 2023-03-09 with Law categories.


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.



Legal Intellectuals In Conversation


Legal Intellectuals In Conversation
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Author : James R. Hackney
language : en
Publisher: NYU Press
Release Date : 2012-08-03

Legal Intellectuals In Conversation written by James R. Hackney and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-03 with Law categories.


In this book the author interviews ten legal experts that in the late 20th century changed the way we understand and use theory in law today.



African Legal Theory And Contemporary Problems


African Legal Theory And Contemporary Problems
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Author : Oche Onazi
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-26

African Legal Theory And Contemporary Problems written by Oche Onazi 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 2013-11-26 with Law categories.


The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.



The Rise Fall Of Classical Legal Thought


The Rise Fall Of Classical Legal Thought
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Author : Duncan Kennedy
language : en
Publisher: Beard Books
Release Date : 2006

The Rise Fall Of Classical Legal Thought written by Duncan Kennedy and has been published by Beard Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --



Searching For The State In British Legal Thought


Searching For The State In British Legal Thought
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Author : Janet McLean
language : en
Publisher: Cambridge University Press
Release Date : 2012-10-04

Searching For The State In British Legal Thought written by Janet McLean and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-04 with Law categories.


Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.



Kantianism Postmodernism And Critical Legal Thought


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.



Modern Legal Theory Judicial Impartiality


Modern Legal Theory Judicial Impartiality
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Author : Ofer Raban
language : en
Publisher: Taylor & Francis
Release Date : 2012-09-10

Modern Legal Theory Judicial Impartiality written by Ofer Raban and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.


This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.