Download or read book Radical Philosophy of Law written by David Stanley Caudill and published by Humanities Press International. This book was released on 1995 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment--its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism.
Download or read book The Radical Philosophy of Rights written by Costas Douzinas and published by Routledge. This book was released on 2019-06-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 1989 human rights have expanded into a vernacular touching every aspect of social life. They are seen as the key concept in morals and politics and a main tool for forging individual and collective identities. They are the ideology after ‘the end of ideologies’ – the only values left after ‘the end of history’. The response of the left to the rights revolution has been muted and unsure. Classical Marxist critiques of (natural) rights have made the left justly suspicious, and this is still the case today. Elaborating and addressing a series of foundational paradoxes of rights, this book – the third in Costas Douzinas’s human rights trilogy, following The End of Human Rights and Human Rights and Empire – provides a long-overdue re-evaluation of the history and political uses of rights for the left. The book examines the history and philosophy of the (legal) person, the subject, the human and dignity from classical Rome to postmodern Brussels. It traces the gradual abandonment of right, virtue and the common good for individual rights and self-interest. The limited and distorted conception of rights of liberal jurisprudence is contrasted with an alternative that sees rights as a relation involved in the struggle for recognition and an everyday utopia. The right to resistance and revolution, prohibited but regularly returning like the repressed, rescues law from sclerosis and presents a case study of the paradoxical nature of rights. Finally, the book offers a brief examination of law’s encounter with radical politics informed by the author’s strange experience as an ‘accidental’ politician in the first radical left government in Europe. The book’s radical concept of legal philosophy and public law will be of considerable value to legal theorists, political philosophers and anyone with an interest in thinking and acting in ways that go beyond the limits of liberal, and neoliberal, ideology.
Download or read book Radical Philosophy written by Chad Kautzer and published by Routledge. This book was released on 2015-11-17 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise introduction, Chad Kautzer demonstrates the shared emancipatory goals and methods of several radical philosophies, from Marxism and feminism to critical race and queer theory. Radical Philosophy examines the relations of theory and practice, knowledge and power, as well as the function of law in creating extralegal forms of domination. Through a critical engagement with the history of philosophy, Kautzer reconstructs important counter-traditions of historical, dialectical, and reflexive forms of critique relevant to contemporary social struggles. The result is an innovative, systematic guide to radical theory and critical resistance.
Download or read book Radical Critiques of the Law written by Stephen M. Griffin and published by . This book was released on 1997 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.
Download or read book Radical Philosophy written by Chad Kautzer and published by Routledge. This book was released on 2015-11-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise introduction, Chad Kautzer demonstrates the shared emancipatory goals and methods of several radical philosophies, from Marxism and feminism to critical race and queer theory. Radical Philosophy examines the relations of theory and practice, knowledge and power, as well as the function of law in creating extralegal forms of domination. Through a critical engagement with the history of philosophy, Kautzer reconstructs important counter-traditions of historical, dialectical, and reflexive forms of critique relevant to contemporary social struggles. The result is an innovative, systematic guide to radical theory and critical resistance.
Download or read book Philosophy of Law written by Mark Tebbit and published by Psychology Press. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Simultaneously published in the USA and Canada."
Download or read book Thinking without Desire written by Panu Minkkinen and published by Bloomsbury Publishing. This book was released on 1999-09-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an attempt to evaluate the reception of Continental philosophy (phenomenology,hermeneutics, deconstruction, etc.) within mainstream jurisprudence. The book claims that the reduction of philosophy to social theory can only be accomplished by impoverishing the impetus of philosophical thinking and, consequently, by transforming critique into criticism, and the philosophy of law into legal theory. The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'. In addition to philosophy proper – the classics of Antiquity, the great German philosophers, contemporary French thinking –, the book covers a wide range of jurisprudential literature. These include the neo-Kantian philosophers of law whose thinking is allegedly at the root of legal positivism, but special emphasis is also given to 'existential' philosophers of law deeply inspired by the hermeneutical phenomenology of Martin Heidegger. Lastly, the book encourages specifically philosophical approaches in law to the thinking of French contemporaries whose work has inspired critical legal scholarship during the past ten years.
Download or read book The Recovery of Historical Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2021-02-20 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world reels from crisis to crisis, the most serious one seems to draw the least attention. And that is the crisis of the Western mind. The seeds of radical subjectivism sown at the time of a previous such crisis, chronicled in Paul Hazard’s Crisis of the European Mind, have now borne fruit, fruit of such stupendous magnitude that they threaten to drag us down into the depths of cultural despair. In The Rise and Fall of Natural Law, this descent into the maelstrom was chronicled from its origin to its inevitable conclusion – at least, in the world of intellect. Culture lags intellect, but it is never insulated from it. Ideas do have consequences. The intellectual counterpart to our cultural crisis already played itself out 200 years ago. The crisis of the European mind, by which intellectual culture shifted from Revelation to Reason, found its fitting conclusion in the work of the ultimate solipsist, Johann Gottlieb Fichte. Fichte’s focus on enthusiastic conviction and the primacy of the subjective makes him the prophet of the modern world. Indeed, his orientation has now triumphed for all to see. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world. But that is not the end of the story, for history goes on. That spot, precisely where the first half of Stahl’s history of legal philosophy leaves off, is where the second half picks up. The Recovery of Historical Law narrates the attempts to overcome this radical subjectivism and establish a functioning social order in which the ideal matches up with the real, the theory is in harmony with the practice. After discussing the work of Locke, Montesquieu, Constant, and the Doctrinaires, all of whom functioned fully within the framework of autonomous natural law while attempting to mitigate it, Stahl reveals the hero of the story: Friedrich Schelling. It was Schelling who initiated the gargantuan task of reorienting philosophy away from subjectivism and back toward objective reality. Stahl characterizes this as a “Samsonesque act” whereby Schelling “lifted the temple of the previous philosophy off of its pillars and buried the whole army of enemies, himself included, under its ruins.” For one thing, this explains the cover illustration, “Samson Destroying the Philistine Temple.” For another, it intimates how Schelling, like Moses, stood at the entry to the Promised Land without entering in. Schelling’s philosophy is an exercise in pantheism, an orientation from which he struggled to free himself later in life. And in fact, Hegel, his great fellow laborer in so-called “speculative philosophy,” took that pantheism and turned it into a mighty system in its own right. A rabbit trail that carried many into another dead end, one with which we wrestle today: “conscious” or “woke” big government. But that is not the end of the story. Schelling’s first fruits were recovered by the Historical School of Jurisprudence, led by Friedrich Carl von Savigny. Here the work of Counter-Revolutionaries such as Joseph de Maistre and Edmund Burke was carried forward to bear fruit for jurisprudence. And this is the foundation for Stahl’s own system, as contained in Volume II: The Doctrine of Law and State on the Basis of the Christian World-View. It is on this basis that the laborious task to reconstruct Western civilization can begin. And not a moment too soon.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Download or read book The End of Human Rights written by Costas Douzinas and published by Bloomsbury Publishing. This book was released on 2000-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
Download or read book Arguing about Law written by Andrew Altman and published by . This book was released on 1996 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.
Download or read book Law Key Concepts in Philosophy written by David Ingram and published by A&C Black. This book was released on 2006-11-02 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The philosophy of law - inquiry into the origins, nature and theory of laws and legal principles, and those concepts that structure the practice of law - is of great importance in moral and political philosophy, as well as being a major area of philosophical concern in its own right. Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time. Drawing upon both the analytic Anglo-American and Continental schools of philosophy, Law: Key Concepts in Philosophy summarises the work of key thinkers in the philosophy of law, including Rousseau, Hobbes, Austin, Hegel, Mill, Marx, Dworkin and Rawls. It provides lucid and thorough explication and analysis of central concerns in legal philosophy, covering criminal law, civil law and constitutional law. Finally, the text also addresses key issues in contemporary philosophy of law, including human rights, international law and questions of race and gender.
Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Download or read book The Rise and Fall of Natural Law Volume 1A of the Philosophy of Law The History of Legal Philosophy written by Friedrich Julius Stahl and published by Wordbridge Pub. This book was released on 2020-03-16 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our age is characterized by radical subjectivism. Which is to say: There is no agreement on any absolute standard of value. Indeed, there is no agreement even on truth itself. And as a matter of fact, the very concept of objective, absolute truth has been cast aside in favor of "truths" - your truth, my truth, whoever's truth. The result is the abandonment of the pursuit of truth at all, in favor of convictions, emotional appeals in favor of those convictions, and the pursuit of political power to put those convictions in practice. This state of affairs will come as no surprise to those, like Friedrich Julius Stahl, who track the way people think, who know that ideas have consequences and that thought eventually feeds into practice. This is especially the case with legal philosophy. Here is where theory and practice confront each other, where the rubber meets the road. And the history of legal philosophy is the history of ideas having consequences. This history can tell us a great deal about how we arrived at the current state of affairs. When we look at it, we find that the key player in this history is natural law. Once the mainstay of ethical and legal discourse, it is now a forgotten relic. But natural law paved the way for the triumph of subjectivism in the modern world. A strange thing, considering that natural law was supposed to embody an objective standard for judging man-made law. It ended up eliminating that standard. How this came about is the burden of The Rise and Fall of Natural Law. Natural law was born of the Greeks and Romans, adopted by the Christian church, and converted into the bulwark of Christian ethical and legal science. But along the way it became disengaged from the church; and when it did, it played a central role in secularizing Western civilization. Stahl follows this career, from its start in classical antiquity, through to its incorporation in the scholasticism of the Middle Ages, to its secularized versions in the Enlightenment, and culminating in the philosophy of Rousseau and the hard reality of the French Revolution. The subjectivist turn is especially emphasized in the work of Johann Gottlieb Fichte, whose focus on enthusiastic conviction and the primacy of the subject makes him the prophet of the modern world. Although Fichte wrote at the turn of the 19th century, it is in our day that his orientation has triumphed. His story, and the stories of those leading up to him - the leading characters in "the Rise and Fall of Natural Law" - are crucial to understanding the genesis of the modern world.
Download or read book Rational Individualism written by Roger Simonds and published by Rodopi. This book was released on 1995 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.
Download or read book Philosophy of Law written by Mark Tebbit and published by Taylor & Francis. This book was released on 2017-01-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, [the author] ... leads readers into the heart of the philosophical questions that dominate philosophy of law today ... and [provides an] overview of the contending theories that have sought to resolve these problems ... The book is structured in three parts around the key issues and themes in philosophy of law: what is the law? : the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism; the reach of the law : the various legal theories on the nature and extent of the law's authority, with regard to obligation and civil disobedience, rights, liberty and privacy; and criminal law : responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment ... Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin-Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law-positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress."--
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
