Searching for Contemporary Legal Thought

Searching for Contemporary Legal Thought
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
Total Pages: 596
Release: 2017-12-28
Genre: Law
ISBN: 1108365221

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

Legal Spaces

Legal Spaces
Author: Sabine Müller-Mall
Publisher: Springer Science & Business Media
Total Pages: 144
Release: 2013-04-09
Genre: Law
ISBN: 3642367305

This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.

The Right to Exclude

The Right to Exclude
Author: Justin Desautels-Stein
Publisher: Oxford University Press
Total Pages: 369
Release: 2023-03-09
Genre: Law
ISBN: 0192606794

In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.

New Rhetorics for Contemporary Legal Discourse

New Rhetorics for Contemporary Legal Discourse
Author: Angela Condello
Publisher: Edinburgh University Press
Total Pages: 184
Release: 2020-03-18
Genre: LANGUAGE ARTS & DISCIPLINES
ISBN: 147445058X

Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

Research Handbook on Critical Legal Theory

Research Handbook on Critical Legal Theory
Author: Emilios Christodoulidis
Publisher: Edward Elgar Publishing
Total Pages: 560
Release: 2019
Genre: Law
ISBN: 1786438895

Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.

International Law and the Politics of History

International Law and the Politics of History
Author: Anne Orford
Publisher: Cambridge University Press
Total Pages: 395
Release: 2021-08-05
Genre: History
ISBN: 1108480942

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

The Basic Concepts of Legal Thought

The Basic Concepts of Legal Thought
Author: George P. Fletcher
Publisher: OUP USA
Total Pages: 222
Release: 1996-09-12
Genre: Law
ISBN: 9780195083361

This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.

The Universal History of Legal Thought

The Universal History of Legal Thought
Author: Roberto Mangabeira Unger
Publisher: Deep Freedom Books
Total Pages: 76
Release: 2021-01-29
Genre: Law
ISBN:

This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.

Legal Intellectuals in Conversation

Legal Intellectuals in Conversation
Author: James R Hackney
Publisher: NYU Press
Total Pages: 257
Release: 2012-08-03
Genre: Law
ISBN: 081476388X

In this unique volume, James Hackney invites readers to enter the minds of 10 legal experts that in the late 20th century changed the way we understand and use theory in law today. True to the title of the book, Hackney spent hours in conversation with legal intellectuals, interviewing them about their early lives as thinkers and scholars, their contributions to American legal theory, and their thoughts regarding some fundamental theoretical questions in legal academe, particularly the law/politics debate. Legal Intellectuals in Conversation is a veritable “Who’s Who” of legal thought, presented in a sophisticated yet intimate manner.