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| critical jurisprudence the political philosophy of justice: Critical Jurisprudence Costas Douzinas, Adam Gearey, 2005-09-25 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. |
| critical jurisprudence the political philosophy of justice: Legitimacy, Justice and Public International Law Lukas H. Meyer, 2009-11-12 Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006--Page ix. |
| critical jurisprudence the political philosophy of justice: Normative Jurisprudence Robin West, 2011-08-22 Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship. |
| critical jurisprudence the political philosophy of justice: The Politics of the Common Law Adam Gearey, Wayne Morrison, Robert Jago, 2013-05-02 The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice. |
| critical jurisprudence the political philosophy of justice: A Theory of Justice John RAWLS, 2009-06-30 Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work. |
| critical jurisprudence the political philosophy of justice: In the Shadow of Justice Katrina Forrester, 2019-09-24 A forceful, encyclopedic study.—Michael Eric Dyson, New York Times A history of how political philosophy was recast by the rise of postwar liberalism and irrevocably changed by John Rawls’s A Theory of Justice In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism—a set of ideas about justice, equality, obligation, and the state—became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls’s A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and ’70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right—from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism’s ambitions and limits. |
| critical jurisprudence the political philosophy of justice: Law and the Question of the Animal Yoriko Otomo, Edward Mussawir, 2013 Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. |
| critical jurisprudence the political philosophy of justice: The End of Law David McIlroy, 2019 The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. |
| critical jurisprudence the political philosophy of justice: The Idea of Justice Amartya Kumar Sen, 2009-09-30 Social justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how - and how well - people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind. |
| critical jurisprudence the political philosophy of justice: Adriana Cavarero Elisabetta R. Bertolino, 2017-12-04 Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice. |
| critical jurisprudence the political philosophy of justice: Derrida and Legal Philosophy Peter Goodrich, 2008-10-02 From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies. |
| critical jurisprudence the political philosophy of justice: Law Express: Jurisprudence (Revision Guide) Julia J.A. Shaw, 2014-08-01 The Law Express series is tailored to help you revise effectively. Understand essential concepts, remember and apply key theories and make your answers stand out! |
| critical jurisprudence the political philosophy of justice: The Philosophy of the Limit Drucilla Cornell, 2016-01-08 In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction the philosophy of the limit will allow us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both the critical social theory and analytic jurisprudence. |
| critical jurisprudence the political philosophy of justice: Compromising on Justice Fabian Wendt, 2020-05-21 When we compromise on justice, we accept or acquiesce to an arrangement that we judge to be unjust, or at least not fully just. Such arrangements are often described as constituting a ‘modus vivendi’. What reasons could we have to accept a modus vivendi, thereby compromising on justice? Given the fact of disagreement on justice, this is an important, but rather neglected question in political philosophy. One possible answer, inspired by John Rawls, is that compromising on justice is only justified if this nonetheless brings us as close to ideal justice as possible under given circumstances. The most straightforward way to take issue with this answer is to present other reasons to compromise on justice. The articles in this book explore epistemic reasons and those that stem from values besides justice, like democracy, peace, toleration and non-subjugation. This book thereby sheds some light on the relevance of compromising for the legitimacy of institutional arrangements. This book was previously published as a special issue of the Critical Review of Social and Political Philosophy. |
| critical jurisprudence the political philosophy of justice: Acoustic Jurisprudence James E K Parker, 2015-10-29 Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda, accused of inciting genocide with his songs. In the early 1990s, Bikindi had been one of Rwanda's most well-known and popular figures - the country's minister for culture and its most famous and respected singer. But by the end of 1994, his songs had quite literally soundtracked a genocide. Acoustic Jurisprudence is the first detailed study of the trial that followed. It is also the first work of contemporary legal scholarship to address the many relations between law and sound, which are of much broader importance but which this trial very conspicuously raises. One half of the book addresses the Tribunal's 'sonic imagination'. How did the Tribunal conceive of Bikindi's songs for the purposes of judgment? How did it understand the role of radio and other media in their transmission? And with what consequences for Bikindi? The other half of the book is addressed to how such concerns played out in court. Bikindi's was a 'musical trial', as one judge pithily observed. Audio and audio-visual recordings of his songs were played regularly throughout. Witnesses, including Bikindi himself, frequently sang, both of their own accord and at the request of the Tribunal. Indeed, Bikindi even sang his final statement. All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'. Through the lens of the Bikindi trial, the book's most important innovation is to open up the field of sound to jurisprudential inquiry. Ultimately, it is an argument for a specifically acoustic jurisprudence. |
| critical jurisprudence the political philosophy of justice: Reason, Morality, and Law John Keown, Robert P. George, 2013-03-21 John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work. |
| critical jurisprudence the political philosophy of justice: Derrida and Law Pierre Legrand, 2017-07-05 This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike. |
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| critical jurisprudence the political philosophy of justice: Current Issues in Transitional Justice Natalia Szablewska, Sascha-Dominik Bachmann, 2014-10-27 This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment. |
| critical jurisprudence the political philosophy of justice: Law, Power, and Justice in Ancient Israel Douglas A. Knight, 2011-01-01 Using socio-anthropological theory and archaeological evidence, Knight argues that while the laws in the Hebrew Bible tend to reflect the interests of those in power, the majority of ancient Israelites--located in villages--developed their own unwritten customary laws to regulate behavior and resolve legal conflicts in their own communities. This book includes numerous examples from village, city, and cult. --from publisher description |
| critical jurisprudence the political philosophy of justice: Bruno Latour Kyle McGee, 2014-06-23 The first extended study of Bruno Latour’s legal theory, this book presents a critical reconstruction of the whole of Latour’s oeuvre to date, from Laboratory Life to An Inquiry into the Modes of Existence. Based on the powerful insights into normative effects that actor-network theory makes possible, the book advances a new theory of legal normativity and the force of law, rethinking Latour’s work on technology, the image, and referential scientific inscriptions, among others, and placing them within the ambit of legality. The book also captures and deepens the contrast between the modern legal institution and the value of law as a mode of existence, and provides a fulsome theoretical account of legal veridiction. Throughout, Latour’s thought is put into dialogue with important progenitors and adversaries as well as historical and contemporary strands of legal and political philosophy. But the thread of legality is not confined to Latour's reflections on the making of law; rather, it cuts through the whole of his highly diverse body of work. The empire of mononaturalism augured by modern philosophies of science is thoroughly juridical; as such, the actor-network theory that promises to undo that empire by freeing the value of the sciences from its epistemological clutches is unthinkable without the device of the trial and the descriptive semiotics of normativity that sustain ANT. The democratization of the sciences and the vibrancy of ecologized politics that become possible once the bifurcation of nature into essential primary and disposable secondary qualities is disabled, and once the ‘modern Constitution’ is called into doubt, also have important legal dimensions that have gone largely unexamined. Bruno Latour: The Normativity of Networks remedies this and other omissions, evaluating Latour’s thought about law while carrying it in striking new directions. This book introduces legal scholars and students to the thought of the philosopher and sociologist Bruno Latour, whilst also presenting a critical analysis of his work in and around law. This interdisciplinary study will be of interest to those researching in Law, Philosophy, and Sociology. |
| critical jurisprudence the political philosophy of justice: The 'Ecosystem Approach' in International Environmental Law Vito De Lucia, 2019-03-28 The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism. |
| critical jurisprudence the political philosophy of justice: Normativity in Legal Sociology Reza Banakar, 2014-11-17 The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies. |
| critical jurisprudence the political philosophy of justice: Jurisdiction in Deleuze: The Expression and Representation of Law Edward Mussawir, 2011-03-03 Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression. |
| critical jurisprudence the political philosophy of justice: A Cultural History of Law in the Modern Age Richard K. Sherwin, Danielle Celermajer, 2021-03-11 The period since the First World War has been a century distinguished by the loss of any unitary foundation for truth, ethics, and the legitimate authority of law. With the emergence of radical pluralism, law has become the site of extraordinary creativity and, on occasion, a source of rights for those historically excluded from its protection. A Cultural History of Law in the Modern Age tells stories of human struggles in the face of state authority – including Aboriginal land claims, popular resistance to corporate power, and the inter-generational ramifications of genocidal state violence. The essays address how, and with what effects, different expressive modes (ceremonial dance, live street theater, the acoustics of radio, the affective range of film, to name a few) help to construct, memorialize, and disseminate political and legal meaning. Drawing upon a wealth of visual, textual and sound sources, A Cultural History of Law in the Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession. |
| critical jurisprudence the political philosophy of justice: The Challenges of Justice in Diverse Societies Meena K. Bhamra, 2016-04-01 In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century. |
| critical jurisprudence the political philosophy of justice: The Degradation of the International Legal Order? Bill Bowring, 2008-02-19 Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists. |
| critical jurisprudence the political philosophy of justice: Law Unlimited Margaret Davies, 2017-01-20 This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory. |
| critical jurisprudence the political philosophy of justice: Politics, Postmodernity, and Critical Legal Studies Costas Douzinas, Peter Goodrich, Yifat Hachamovitch, 1994 This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance. |
| critical jurisprudence the political philosophy of justice: Research Handbook on Law and Utilitarianism Guillaume Tusseau, 2024-10-03 The Research Handbook on Law and Utilitarianism sheds light on contemporary legal culture, and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to current legal debates. |
| critical jurisprudence the political philosophy of justice: International Human Rights Law and Practice Ilias Bantekas, Lutz Oette, 2024-02-15 Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice. |
| critical jurisprudence the political philosophy of justice: Law and Art Oren Ben-Dor, 2012-03-29 The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic. |
| critical jurisprudence the political philosophy of justice: Routledge Handbook of Socio-Legal Theory and Methods Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie, 2019-08-13 Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. |
| critical jurisprudence the political philosophy of justice: Human Rights and Empire Costas Douzinas, 2007-03-20 Erudite and timely, this book is a key contribution to the renewal of radical theory and politics. Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions surrounding the legacy and contemporary role of human rights. |
| critical jurisprudence the political philosophy of justice: Jacques Derrida Jacques de Ville, 2012-11-30 Jacques Derrida: Law as Absolute Hospitality presents a comprehensive account and understanding of Derrida’s approach to law and justice. Through a detailed reading of Derrida’s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate – on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a continuity in Derrida’s thinking, and rejects the idea of an ‘ethical turn’. Derrida is shown to be neither a postmodernist nor a political liberal, but a radical revolutionary. De Ville also controversially contends that justice in Derrida’s thinking must be radically distinguished from Levinas’s reflections on ‘the other’. It is the notion of absolute hospitality - which Derrida derives from Levinas, but radically transforms - that provides the basis of this argument. Justice must on De Ville’s reading be understood in terms of a demand of absolute hospitality which is imposed on both the individual and the collective subject. A much needed account of Derrida's influential approach to law, Jacques Derrida: Law as Absolute Hospitality will be an invaluable resource for those with an interest in legal theory, and for those with an interest in the ethics and politics of deconstruction. |
| critical jurisprudence the political philosophy of justice: Legal Geography Tayanah O’Donnell, Daniel F. Robinson, Josephine Gillespie, 2019-12-06 This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations. This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations. |
| critical jurisprudence the political philosophy of justice: Lacan, Deleuze and World Politics Andreja Zevnik, 2016-02-26 This book aims to re-think the way in which the subject is inscribed in the modern political, and does so by exploring the potentiality of Lacano-Deleuzian theoretical framework. It concerns a different ontology and a non-dualist understanding of political and legal existence, by focusing on questions such as how to think alternative notions of political existence and what kind of political, social and legal order do these come to create. This investigation into political appearance of subjects through concepts of law, body and life is led and influenced by the thought of Gilles Deleuze and Jacques Lacan, as well as Alain Badiou, Antonio Negri and Slavoj Žižek. The book takes on various conceptualisations of life, explores the relationship between law and life and develops an alternative notion of legal and political existence in particular in the context of rights. On the back of Guantánamo’s legal and political discourses this work aims to show why and how the problems of world politics or the limitations of (human) rights discourse require an engagement with questions such as what it means to exist as a human being, what forms of life are politically recognised, which are not, and why this distinction. By pointing to a different ontology for thinking and understanding global politics and demonstrating how a trans-disciplinary and philosophical approaches can foster the debates in world politics, this book will be of interest to postgraduates and scholars working on critical normative ideas in international politics, critical security studies and critical legal studies. |
| critical jurisprudence the political philosophy of justice: Niklas Luhmann: Law, Justice, Society Andreas Philippopoulos-Mihalopoulos, 2009-09-10 This is the first book to consider German sociologist Niklas Luhmann's social theory in a critical legal context. His theory is introduced here both in terms of society at large and the legal system specifically, and the book reveals the aporetic structure of autopoiesis, aligning it with postmodern approaches to law. Readers will find it operates both as an introduction to the relevance of Luhmann's social theory for law, as well as a critical response to autopoiesis. |
| critical jurisprudence the political philosophy of justice: Crime Fiction and the Law Maria Aristodemou, Fiona Macmillan, Patricia Tuitt, 2016-12-08 This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of topics, including: the relationship between crime fiction, legal reasoning and critique; questions surrounding the relationship between law and justice; gender issues; the legal, political and social impacts of fictional representations of crime and justice; post-colonial perspectives on crime fiction; as well as the impact of law itself on the crime fiction’s development. Introducing a new sub-field of legal and literary research, this book will be of enormous interest to scholars in critical, cultural and socio-legal studies, as well as to others in criminology, as well as in literature. |
| critical jurisprudence the political philosophy of justice: Capitalism and the Equity Fetish Robert Herian, 2021-01-21 This book is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command them within capitalism. Dr. Herian’s book is both a complementary and countervailing narrative to many mainstream legal accounts, one that critiques core and influential areas of legal knowledge and practice. Central to the book’s thesis is a rich collaboration of ideas and perspectives that consider what is at stake from institutions, concepts, and practices of equity and civil justice tied to the subjective psychic life and the unconscious desires of capitalist stakeholders. The book aims to address several questions, including how capitalism has imagined and shaped equity and civil justice since the nineteenth century; how capitalism acts as a well-spring of desire for forms of justice that wrap-around and sustain complex frameworks of private property power and ownership; and how equity supports agile neoliberal strategies of justice and reason in the twenty-first century. |
CRITICAL Definition & Meaning - Merriam-Webster
The meaning of CRITICAL is inclined to criticize severely and unfavorably. How to use critical in a sentence. Synonym Discussion of Critical.
CRITICAL | English meaning - Cambridge Dictionary
CRITICAL definition: 1. saying that someone or something is bad or wrong: 2. giving or relating to opinions or…. Learn more.
Critical Definition & Meaning | Britannica Dictionary
CRITICAL meaning: 1 : expressing criticism or disapproval; 2 : of or relating to the judgments of critics about books, movies, art, etc.
CRITICAL definition and meaning | Collins English Dictionary
To be critical of someone or something means to criticize them. ...a few dozen intellectuals who've been critical of the regime. He has apologised for critical remarks he made about the referee. …
critical - Wiktionary, the free dictionary
Jun 8, 2025 · The critical component of the photosynthetic system is the “water-oxidizing complex”, made up of manganese atoms and a calcium atom. 2018 , VOA Learning English > …
What does critical mean? - Definitions.net
Critical can be defined as a thorough and analytical evaluation or examination of something, particularly by making judgments or forming opinions based on careful assessment and …
1004 Synonyms & Antonyms for CRITICAL - Thesaurus.com
Find 1004 different ways to say CRITICAL, along with antonyms, related words, and example sentences at Thesaurus.com.
Critical - Definition, Meaning & Synonyms | Vocabulary.com
The adjective critical has several meanings, among them, "vital," "verging on emergency," "tending to point out errors," and "careful."
Critical - definition of critical by ... - The Free Dictionary
Relating to or characterized by criticism; reflecting careful analysis and judgment: a critical appreciation of the filmmaker's work. b. Of, relating to, or characteristic of critics: a play that …
CRITICAL Definition & Meaning - Dictionary.com
inclined to find fault or to judge with severity, often too readily. Parents who are too critical make their children anxious. involving criticism, or skillful judgment as to truth, merit, etc.. The article …
CRITICAL Definition & Meaning - Merriam-Webster
The meaning of CRITICAL is inclined to criticize severely and unfavorably. How to use critical in a sentence. Synonym Discussion of Critical.
CRITICAL | English meaning - Cambridge Dictionary
CRITICAL definition: 1. saying that someone or something is bad or wrong: 2. giving or relating to opinions or…. Learn more.
Critical Definition & Meaning | Britannica Dictionary
CRITICAL meaning: 1 : expressing criticism or disapproval; 2 : of or relating to the judgments of critics about books, movies, art, etc.
CRITICAL definition and meaning | Collins English Dictionary
To be critical of someone or something means to criticize them. ...a few dozen intellectuals who've been critical of the regime. He has apologised for critical remarks he made about the referee. …
critical - Wiktionary, the free dictionary
Jun 8, 2025 · The critical component of the photosynthetic system is the “water-oxidizing complex”, made up of manganese atoms and a calcium atom. 2018 , VOA Learning English > …
What does critical mean? - Definitions.net
Critical can be defined as a thorough and analytical evaluation or examination of something, particularly by making judgments or forming opinions based on careful assessment and …
1004 Synonyms & Antonyms for CRITICAL - Thesaurus.com
Find 1004 different ways to say CRITICAL, along with antonyms, related words, and example sentences at Thesaurus.com.
Critical - Definition, Meaning & Synonyms | Vocabulary.com
The adjective critical has several meanings, among them, "vital," "verging on emergency," "tending to point out errors," and "careful."
Critical - definition of critical by ... - The Free Dictionary
Relating to or characterized by criticism; reflecting careful analysis and judgment: a critical appreciation of the filmmaker's work. b. Of, relating to, or characteristic of critics: a play that …
CRITICAL Definition & Meaning - Dictionary.com
inclined to find fault or to judge with severity, often too readily. Parents who are too critical make their children anxious. involving criticism, or skillful judgment as to truth, merit, etc.. The article …
