A critique of adjudication : fin de siècle
著者
書誌事項
A critique of adjudication : fin de siècle
Harvard University Press, 1997
- :hbk
- :pbk
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注記
Includes bibliographical references and index
内容説明・目次
- 巻冊次
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:pbk ISBN 9780674177598
内容説明
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.
目次
Introduction Ideological Stakes in Adjudication Sexy Dressing: Essays on the Power and Politics of Cultural Identity
- 巻冊次
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:hbk ISBN 9780674177604
内容説明
The political nature of legal, and especially judicial, decision making is the subject of this book. It attempts to integrate the American approach to law, an uneasy balance of commitment and intense skepticism, with the Continental tradition in social theory, philosophy and psychology. The centre of this work is the question of how politics affects judicial activity, and how in turn lawmaking by judges affects American politics. Opposing views on whether law is political in character are considered, and the author puts forward his own theory of adjudication that includes accounts of judicial rhetoric and the experience of judging.
目次
- Part 1 Ideological stakes in adjudication: the distinction between adjudication and legislation
- ideological conflict over the definition of legal rules. Part 2 The problem of judicial legislation: the paradox of American critical legalism
- policy and coherence. Part 3 Ideology in adjudication: policy and ideology
- ideologically oriented legal work
- strategizing strategic behaviour in interpretation. Part 4 Consequences of adjudication: the moderation and empowerment effects
- the legitimation effect
- adjudication in social theory. Part 5 Post rights: rights in American legal consciousness
- the critique of rights
- conclusion - landscapes along the highway of infinite regress.
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