CiNii Books - The critical lawyers' handbook

A handbook written by critical lawyers throughout the country, which provides students, teachers and practitioners of law with a guide to critical legal theory and practice. The book begins with approaches to critical theory with the contributors sharing the concern to relocate legal rules within their socio-political context. The legal education system is critiqued as a training for hierarchy and the hidden assumptions behind the standard texts for tort, criminal, property, contract, company, labour, constitutional and European law are exposed with the aim of providing students with the necessary critical weapons to assess "black letter" doctrinal teaching. A section on critical practice seeks to identify the relationship between critical theory and practice and offers not only a critique of orthodox practice but also a discussion of the possibilities and limits of a critical practice. A practical guide to setting up Critical Lawyers' Groups and Community Legal Advice Centres is included alongside a discussion of the political issues inherent in the giving of free legal advice. The problem of identifying the possibilities of critical practice at the Bar and in "soliciting" is addressed through an alternative guide to solicitors' firms and bar chambers.

Volume: [1] : pbk ISBN 9780745305097

Description

A handbook written by critical lawyers throughout the country, which provides students, teachers and practitioners of law with a guide to critical legal theory and practice. The book begins with approaches to critical theory with the contributors sharing the concern to relocate legal rules within their socio-political context. The legal education system is critiqued as a training for hierarchy and the hidden assumptions behind the standard texts for tort, criminal, property, contract, company, labour, constitutional and European law are exposed with the aim of providing students with the necessary critical weapons to assess "black letter" doctrinal teaching. A section on critical practice seeks to identify the relationship between critical theory and practice and offers not only a critique of orthodox practice but also a discussion of the possibilities and limits of a critical practice. A practical guide to setting up Critical Lawyers' Groups and Community Legal Advice Centres is included alongside a discussion of the political issues inherent in the giving of free legal advice. The problem of identifying the possibilities of critical practice at the Bar and in "soliciting" is addressed through an alternative guide to solicitors' firms and bar chambers.

Volume: 2 : pbk ISBN 9780745310862

Description

This text focuses on some of the key legal areas which have become increasingly important in recent years; particularly race, gender, the environment and international law. Considering how critical legal studies might inform radical legal and political practice, the contributors focus on the celebration of diversity and difference that characterizes critical legal scholarship. They examine how the law supresses diversity by excluding and silencing some voices while privileging others, particularly on the grounds of gender or race. They highlight the extent to which traditional interpretations of international law ignore questions of economic and political inequality - despite the recent insistence on increasing globalization. They ask how effective the law - and the rule of the law - really are in pursuing the goals of multiculturalism and cosmopolitanism, and in dealing with the problems of racial and sexual inequality, ecological destruction and international instability. They promote the development of new and valuable sensitivities which focus on those dimensions of human experience often ignored, while at the same time arguing that a critical (legal) understanding of capitalism has never been more urgently needed, if the law is to have any role to play in fighting oppression.

Table of Contents

Part 1 International Law: the legitimation of power in world affairs, Sol Picciotto
pure law in an impure world, Wade Mansell
public international law and private enterprise - damages for a killing in East Timor, Roger S. Clark. Part 2 Race: a critical approach to race and law, Werner Menski
the racial, ethnic and cultural values underpinning current legal education, Aimee Paterson
new Europe, old story - racism, law and the European Community, Peter Fitzpatrick
defining the refugee by race - the European response to new asylum-seekers, Patricia Tuitt
race and criminal justice, Makbool Javaid. Part 3 Gender: arguing equality - how to avoid the hidden traps, Gillian More
feminist perspectives on the law of tort, Joanne Conaghan
women, law and medical power, Sally Sheldon
the campaign to free Kiranjit Ahluwalia, Pragna Patel
feminist perspectives on law, Kathryn de Gama. Part 4 Environment: an idiomatic discussion of environmental legislation, David Wilkinson
private rights and environmental protection, John Wightman and Donald McGillivray
the case against patents in genetic engineering.

Volume: 2 : cloth ISBN 9780745310879

Description

This text focuses on some of the key legal areas which have become increasingly important in recent years; particularly race, gender, the environment and international law. Considering how critical legal studies might inform radical legal and political practice, the contributors focus on the celebration of diversity and difference that characterizes critical legal scholarship. They examine how the law supresses diversity by excluding and silencing some voices while privileging others, particularly on the grounds of gender or race. They highlight the extent to which traditional interpretations of international law ignore questions of economic and political inequality - despite the recent insistence on increasing globalization. They ask how effective the law - and the rule of the law - really are in pursuing the goals of multiculturalism and cosmopolitanism, and in dealing with the problems of racial and sexual inequality, ecological destruction and international instability. They promote the development of new and valuable sensitivities which focus on those dimensions of human experience often ignored, while at the same time arguing that a critical (legal) understanding of capitalism has never been more urgently needed, if the law is to have any role to play in fighting oppression.

Table of Contents

Part 1 International Law: the legitimation of power in world affairs, Sol Picciotto
pure law in an impure world, Wade Mansell
public international law and private enterprise - damages for a killing in East Timor, Roger S. Clark. Part 2 Race: a critical approach to race and law, Werner Menski
the racial, ethnic and cultural values underpinning current legal education, Aimee Paterson
new Europe, old story - racism, law and the European Community, Peter Fitzpatrick
defining the refugee by race - the European response to new asylum-seekers, Patricia Tuitt
race and criminal justice, Makbool Javaid. Part 3 Gender: arguing equality - how to avoid the hidden traps, Gillian More
feminist perspectives on the law of tort, Joanne Conaghan
women, law and medical power, Sally Sheldon
the campaign to free Kiranjit Ahluwalia, Pragna Patel
feminist perspectives on law, Kathryn de Gama. Part 4 Environment: an idiomatic discussion of environmental legislation, David Wilkinson
private rights and environmental protection, John Wightman and Donald McGillivray
the case against patents in genetic engineering.

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The critical lawyers' handbook

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