[PDF] A Critique Of Adjudication Fin De Sicle eBook

Author : Duncan Kennedy
Publisher : Harvard University Press
Page : 436 pages
File Size : 47,44 MB
Release : 2009-06-01
Category : Law
ISBN : 9780674039520

GET BOOK

A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Author : Duncan Kennedy
Publisher :
Page : 440 pages
File Size : 18,38 MB
Release : 1997
Category : Law
ISBN :

GET BOOK

'A Critique of Adjudication' explores the aspects and implications of adjudication as few books have in this century. With an eye to the current state of theory, legal or otherwise, the author includes a provocative discussion of postmodernism.

Author : Duncan Kennedy
Publisher : Harvard University Press
Page : 276 pages
File Size : 38,81 MB
Release : 1995-08-11
Category : Law
ISBN : 9780674802971

GET BOOK

Kennedy argues that American radicalism is possible and desirable. One base for radical politics is the institutional workplace; another is popular culture (hence, sexy dressing). Kennedy's aim is to wed the rebelliousness, irony, and irrationalism of cultural modernism and postmodernism to the earnestness of political correctness.

Author : Duncan Kennedy
Publisher :
Page : 226 pages
File Size : 19,81 MB
Release : 2008
Category : Law
ISBN :

GET BOOK

La 4e de couverture indique : "Legal reasoning : collected essays includes four essays written over a twenty-year span that present a comprehensive and original account of legal reasoning as done by judges, lawyers, and legal academics. In a work that is likely to become the definitive introduction to critical legal theory by a leading theorist of the critical legal studies movement, the author has been the first to put together in a systematic way the insights of American legal realism with continental phenomenology and semiotics. His version of legal reasoning presents it as "work in a medium" deploying a set of "argument-bites" analogous to the words of a language. The result is simultaneous freedom and constraint. Kennedy then turns his approach to a critique of current European legal theory, with an essay on Hart and Kelsen and another on the approach of the European jurists pre-occupied with "coherence" and with the "European social model" in the current process of harmonization of European law."

Author : Bernard E. Harcourt
Publisher : Columbia University Press
Page : 369 pages
File Size : 28,65 MB
Release : 2019-09-10
Category : Philosophy
ISBN : 0231549318

GET BOOK

In a world of political upheaval, rising inequality, catastrophic climate change, and widespread doubt of even the most authoritative sources of information, is there a place for critique? This book calls for a systematic reappraisal of critical thinking—its assumptions, its practices, its genealogy, its predicament—following the principle that critique can only start with self-critique. In A Time for Critique, Didier Fassin, Bernard E. Harcourt, and a group of eminent political theorists, anthropologists, sociologists, philosophers, and literary and legal scholars reflect on the multiplying contexts and forms of critical discourse and on the social actors and social movements engaged in them. How can one maintain sufficient distance from the eventful present without doing it an injustice? How can one address contemporary issues without repudiating the intellectual legacies of the past? How can one avoid the disconnection between theory and action? How can critique be both public and collective? These provocative questions are addressed by revisiting the works of Foucault and Arendt, Said and Césaire, Benjamin and Du Bois, but they are also given substance through on-the-ground case studies that treat subaltern criticism in Palestine, emancipatory mobilizations in Syria, the antitorture campaigns of Sri Lankan activists, and the abolitionism of the African American critical resistance and undercommons movements in the United States. Examining lucidly the present challenges of critique, A Time for Critique shows how its theoretical reassessment and its emerging forms can illuminate the imaginative modalities to rejuvenate critical praxis.

Author : Deborah Orr
Publisher : Rowman & Littlefield
Page : 290 pages
File Size : 47,95 MB
Release : 2007
Category : Philosophy
ISBN : 9780742547780

GET BOOK

The chapters in Feminist Politics contest some of the prevailing conceptualizations of identity and difference, as well as the functions of these concepts in feminist political discourse and praxis. Doing so, they amply demonstrate that issues of identity and difference have a central place in contemporary feminist scholarship. The authors of these chapters have worked to develop new ways of understanding and living out differences that will both preserve and celebrate them while also fostering the necessary conditions for opening dialogue and forming new coalitions. These efforts intend to engender imaginative new Strategies for the personal, spiritual, and sociopolitical changes that will enable human growth, well-being, and flourishing. While the focus of the work represented here is understandably on women, the issues that are raised are given additional urgency-explicitly in some of the chapters and implicitly in others-by the situation of their concerns in the context of the world created by the Bush administration. Because that administration has foregrounded issues of identity and difference in ways that are not only inhumane and often inaccurate, but also dangerous for all of us, the new ways of thinking and acting that are proposed here have a much broader application. Thus, these chapters truly invite not only feminists but all people to move in new directions. Taken as a whole, this volume represents cutting-edge thinking from an international perspective in these important and pressing areas for feminist research and praxis. Book jacket.

Author : George Dellis
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 29,41 MB
Release : 2021-03-26
Category : Law
ISBN : 1800375794

GET BOOK

This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.

Author : Ian Ward
Publisher : Routledge
Page : 218 pages
File Size : 46,37 MB
Release : 2012-10-02
Category : Law
ISBN : 1136997814

GET BOOK

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Author : Mauro Zamboni
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 14,34 MB
Release : 2007-11-19
Category : Law
ISBN : 1847313892

GET BOOK

The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].