Critical jurisprudence : the political philosophy of justice
著者
書誌事項
Critical jurisprudence : the political philosophy of justice
Hart, 2005
- : pbk
大学図書館所蔵 件 / 全9件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references and index
内容説明・目次
内容説明
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law.
All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
目次
Part 1: Introductions
1 From Restricted to General Jurisprudence
2 Law's Others: Poststructuralism and Law
Part 2: Classical Jurisprudence
3 Natural Law, Resistance and Utopia
4 Justice: A Short History of (a Long) Failure
5 England's Dreaming: The Spirits of Positivism
6 Manuscript Found in a Bottle: Notes Towards a Theory of Judgement
Part 3: Philosophical Differences
7 The Colour of Law: Identity, Recognition, Rights
8 Letter to a Wound: Marxism, Justice and the Social Order
Part 4: Critical Jurisprudence
9 News from Nowhere: Anxiety, Critical Legal Studies and Critical 'Tradition(s)'
10 White Law, Black Power: Racism, Resistance and Critical Jurisprudence
11 'At the Stroke of Midnight . . .': Postcolonial Jurisprudence
Part 5: Aesthetic Jurisprudence
12 Psychoanalysis Becomes the Law
13 The Lion for Real: Law and the Demands of Literature
「Nielsen BookData」 より