Feminist Legal Theories

Author: Karen Maschke

Publisher: Routledge

ISBN: 1135634629

Category: Law

Page: 328

View: 4315

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Multidisciplinary focus Surveying many disciplines, this anthology brings together an outstanding selection of scholarly articles that examine the profound impact of law on the lives of women in the United States. The themes addressed include the historical, political, and social contexts of legal issues that have affected women's struggles to obtain equal treatment under the law. The articles are drawn from journals in law, political science, history, women's studies, philosophy, and education and represent some of the most interesting writing on the subject. The law in theory and practice Many of the articles bring race, social, and economic factors into their analyses, observing, for example, that black women, poor women, and single mothers are treated by the wielders of the power of the law differently than middle class white women. Other topics covered include the evolution of women's legal status, reproduction rights, sexuality and family issues, equal employment and educational opportunities, domestic violence, pornography and sexual exploitation, hate speech, and feminist legal thought. A valuable research and classroom aid, this series provides in-depth coverage of specific legal issues and takes into account the major legal changes and policies that have had an impact on the lives of American women.

A History of Islamic Legal Theories

An Introduction to Sunni Usul Al-fiqh

Author: Wael B. Hallaq

Publisher: Cambridge University Press

ISBN: 9780521599863

Category: Law

Page: 294

View: 2931

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Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

Jewish Legal Theories

Writings on State, Religion, and Morality

Author: Leora Batnitzky,Yonatan Brafman

Publisher: Brandeis University Press

ISBN: 1512601357

Category: Law

Page: 296

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Contemporary arguments about Jewish law uniquely reflect both the story of Jewish modernity and a crucial premise of modern conceptions of law generally: the claim of autonomy for the intellectual subject and practical sphere of the law. Jewish Legal Theories collects representative modern Jewish writings on law and provides short commentaries and annotations on these writings that situate them within Jewish thought and history, as well as within modern legal theory. The topics addressed by these documents include Jewish legal theory from the modern nation-state to its adumbration in the forms of Orthodox, Conservative, and Reform Judaism in the German-Jewish context; the development of Jewish legal philosophy in Eastern Europe beginning in the eighteenth century; Ultra-Orthodox views of Jewish law premised on the rejection of the modern nation-state; the role of Jewish law in Israel; and contemporary feminist legal theory.

Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: 0198723865

Category: Law

Page: 379

View: 9905

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With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter

Epistemic Uncertainty and Legal Theory

Author: Brian Burge-Hendrix

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754675211

Category: Law

Page: 193

View: 1604

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Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm.

Globalisation and Legal Theory

Author: William Twining

Publisher: Cambridge University Press

ISBN: 9780521605946

Category: Law

Page: 296

View: 5947

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The text makes the case for a revival of general jurisprudence in response to globalisation.

The Problematics of Moral and Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042230

Category: Law

Page: 336

View: 4085

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Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, "The Problematics of Moral and Legal Theory" offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Legal Theories

Context and Practices

Author: Marett Leiboff,Mark Thomas

Publisher: Lawbook Company

ISBN: 9780455226064

Category: Jurisprudence

Page: 587

View: 1203

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So what does legal theory have to do with life, the universe, and everything -- including the everyday practices of the law? LEGAL THEORIES: CONTEXTS AND PRACTICES shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions. This new book reinforces Marett Leiboff and Mark Thomas' reputation as innovators and popularises of legal theory as an active practice of law. Drawing on the historical, legal and social conditions in which various legal theories emerged, this book examines how they influenced and continue to influence the practices of law. Diagrams, illustrations, tables, charts and now photographs are used to explain and uncover the ideas behind legal theory and its uses in practice, and an historical and contextual timeline tracks the contexts and practices of the theories across generations. In doing so, LEGAL THEORIES: CONTEXTS AND PRACTICES provides a new and original exploration of legal theory and its relationship with society and practice. Leiboff and Thomas tell legal theory as a story, through a dispute in 17th century England between a king and a judge. Their explorations of legal theory encompass real, decided case law -- and Monty Python, Harry Potter and stories and ideas drawn from popular culture, psychology, and contemporary life. This book makes for an entertaining, lively, and engaging read, despite its serious purpose. LEGAL THEORIES: CONTEXTS AND PRACTICES is highly suitable for anyone engaging in legal theory, legal philosophy, and jurisprudence -- it is invaluable reading for scholars and practitioners alike.

Interpretation and Legal Theory

Author: Andrei Marmor

Publisher: Hart Publishing

ISBN: 1841134244

Category: Law

Page: 179

View: 8566

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This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being â??â?¦divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature.â? Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkinâ??s methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkinâ??s interpretative turn is not that it provides a substitute for â??semantic theories of lawâ? (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.

Feminist and Queer Legal Theory

Intimate Encounters, Uncomfortable Conversations

Author: Martha Albertson Fineman,Jack E. Jackson,Adam P. Romero

Publisher: Routledge

ISBN: 1317135733

Category: Law

Page: 504

View: 1025

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Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.

Feminist Legal Theory

A Primer

Author: Nancy Levit,Robert R.M. Verchick

Publisher: NYU Press

ISBN: 0814751997

Category: Law

Page: 235

View: 3821

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At long last, the complex field of feminist legal theory is presented in accessible, teachable form by two of its experts, Nancy Levit and Robert R. M. Verchick. In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to women's and gender studies. The book centers on feminist legal theories—including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The authors also address feminist legal methods, such as consciousness raising and storytelling. The primer demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. Levit and Verchick highlight a sweeping range of cutting edge topics at the intersection of law and gender, such as single sex schools, women in the military, abortion, same sex marriage, date rape, and the international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the role of law and feminist legal theory in shaping contemporary gender issues.

Narratives of Islamic Legal Theory

Author: Rumee Ahmed

Publisher: Oxford University Press

ISBN: 0199640173

Category: History

Page: 176

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In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.

The Concept of Ideals in Legal Theory

Author: Sanne Taekema

Publisher: Springer Science & Business Media

ISBN: 9789041119711

Category: Philosophy

Page: 253

View: 1404

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Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

Introduction to Critical Legal Theory

Author: Ian Ward

Publisher: Routledge

ISBN: 1136997814

Category: Law

Page: 224

View: 9838

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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Legal Theories. The Dispute Between Dworkin and Hart

Author: Samar Dehghan

Publisher: GRIN Verlag

ISBN: 3668509816

Category: Law

Page: 13

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Research Paper (undergraduate) from the year 2010 in the subject Law - Philosophy, History and Sociology of Law, grade: A, University of Manchester (School of Law), course: Jurisprudence, language: English, abstract: Throughout their intellectual lives, eminent legal theorists, Ronald Dworkin and Herbert Lionel Adolphus Hart, have had an ongoing debate where they have presented their own theories of law, whilst criticising each other’s theories. In fact, Dworkin’s criticisms of Hart’s theory are the basis on which Dworkin uncovers his own theory. Their arguments, at times, can be tricky for people other than themselves to get a hand on; but what can easily be detected is that Dworkin thinks there is an argument between them, whilst Hart does not. This paper will dissect the current nature of dispute between Hart and Dworkin following an in depth, yet concise, elucidation of the main aspects of Dworkin’s attack on Hart’s positivism in both Taking Rights Seriously and Law’s Empire. This will be followed by Hart’s response in his Postscript to the second edition of The Concept of Law, and an examination of the subsequent academic opinions that have arisen on the basis of their debate.

Early Islamic Legal Theory

The Risāla of Muḥammad Ibn Idrīs Al-Shāfiʻī

Author: Joseph Edmund Lowry

Publisher: BRILL

ISBN: 9004163603

Category: Religion

Page: 443

View: 6704

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This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.

A Legal Theory Without Law

Posner V. Hayek on Economic Analysis of Law

Author: Ernst-Joachim Mestmäcker

Publisher: Mohr Siebeck

ISBN: 9783161492761

Category: Law

Page: 66

View: 8220

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Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.