Jurisprudence as Ideology

Jurisprudence as Ideology PDF

Author: Valerie Kerruish

Publisher: Routledge

Published: 2005-11-10

Total Pages: 216

ISBN-13: 1134879865

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In Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law.

The Politics of Jurisprudence

The Politics of Jurisprudence PDF

Author: Roger B. M. Cotterrell

Publisher: University of Pennsylvania Press

Published: 1992

Total Pages: 300

ISBN-13: 9780812213935

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Selected byChoice magazine as an Outstanding Academic Title

Law, Ideology and Punishment

Law, Ideology and Punishment PDF

Author: A.W. Norrie

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 239

ISBN-13: 9400906994

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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Philosophy of Law: A Very Short Introduction

Philosophy of Law: A Very Short Introduction PDF

Author: Raymond Wacks

Publisher: OUP Oxford

Published: 2014-02-27

Total Pages: 152

ISBN-13: 0191510645

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The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Lost World of Classical Legal Thought

The Lost World of Classical Legal Thought PDF

Author: William M. Wiecek

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 300

ISBN-13: 9780195147131

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This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Law, Labor, and Ideology in the Early American Republic

Law, Labor, and Ideology in the Early American Republic PDF

Author: Christopher L. Tomlins

Publisher: Cambridge University Press

Published: 1993-04-30

Total Pages: 432

ISBN-13: 9780521438575

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This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.

Jurisprudence

Jurisprudence PDF

Author: Wayne Morrison

Publisher: Routledge

Published: 2016-04-08

Total Pages: 597

ISBN-13: 1135352828

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This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

The Lost World of Classical Legal Thought

The Lost World of Classical Legal Thought PDF

Author: William Michael Wiecek

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9780197719909

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This text examines the ideology of elite lawyers and judges from the Gilded Age to the New Deal. Between 1866 and 1937, this coherent outlook, or legal orthodoxy, shaped the way the American bar interpreted and understood the law.

The Legalist Reformation

The Legalist Reformation PDF

Author: William E. Nelson

Publisher: Univ of North Carolina Press

Published: 2003-01-14

Total Pages: 472

ISBN-13: 0807875562

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Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today.