Feminist Legal Theories

Author: Karen Maschke

Publisher: Routledge

ISBN: 1135634629

Category: Law

Page: 328

View: 2272

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: 2456

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.

Feminist Legal Theory (Second Edition)

A Primer

Author: Nancy Levit,Robert R.M. Verchick,Martha Minow

Publisher: NYU Press

ISBN: 1479840408

Category: Social Science

Page: 304

View: 2869

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling. The primer offers an accessible and pragmatic approach to feminist legal theory. It 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. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues. Instructor's Guide

Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0198806019

Category: Jurisprudence

Page: 407

View: 1605

Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.

Legal Theories. The Dispute Between Dworkin and Hart

Author: Samar Dehghan

Publisher: GRIN Verlag

ISBN: 3668509816

Category: Law

Page: 13

View: 5757

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.

Interpretation and Legal Theory

Author: Andrei Marmor

Publisher: Hart Publishing

ISBN: 1841134244

Category: Law

Page: 179

View: 1163

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.

Legal Theories

Context and Practices

Author: Marett Leiboff,Mark Thomas

Publisher: Lawbook Company

ISBN: 9780455226064

Category: Jurisprudence

Page: 587

View: 9081

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.

Frontiers of Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674013605

Category: Law

Page: 453

View: 3774

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Jewish Legal Theories

Writings on State, Religion, and Morality

Author: Leora Batnitzky,Yonatan Brafman

Publisher: Brandeis University Press

ISBN: 1512601357

Category: Law

Page: 296

View: 8502

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.

Globalisation and Legal Theory

Author: William Twining

Publisher: Cambridge University Press

ISBN: 9780521605946

Category: Law

Page: 296

View: 8048

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

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: 8949

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.

Collective Rights

A Legal Theory

Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

ISBN: 1107007380

Category: Law

Page: 230

View: 1350

A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.

Epistemic Uncertainty and Legal Theory

Author: Brian Burge-Hendrix

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754675211

Category: Law

Page: 193

View: 7903

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.

The Problematics of Moral and Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042230

Category: Law

Page: 336

View: 5142

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.

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: 1068

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

An Anti-essentialist Reader

Author: Nancy E. Dowd,Michelle Jacobs

Publisher: NYU Press

ISBN: 0814719120

Category: Law

Page: 417

View: 2690

The eighteenth-century Enlightenment saw the birth of an era which sought legitimacy not from the past but from the future. No longer would human beings invoke the authority of tradition; instead, modern societies emerging in the West justified themselves by their success at increasing, through the application of scientific knowledge, human control over the world. Ever since this notion of modernity was formulated it has provoked intense debate. In this wide-ranging historical introduction to social theory, Alex Callinicos explores the controversies over modernity and examines the connections between social theory and modern philosophy, political economy and evolutionary biology. He offers clear and accesssible treatments of the thought of Montesquieu, Adam Smith and the Scottish Enlightenment, Hegel, Marx, Tocqueville, Maistre, Gobineau, Darwin, Spencer, Kautsky, Nietzsche, Durkheim, Weber, Simmel, Freud, Lukacs, Gramsci, Heidegger, Keynes, Hayek, Parsons, the Frankfurt School, Levi-Strauss, Althusser, Foucault, Habermas and Bourdieu, and concludes by surveying the state of contemporary social thought. A remarkably comprehensive and lucid primer, Social Theoryis essential reading for students of politics, sociology and social and political thought.