Critical Legal Theory and the Challenge of Feminism provides both a thorough overview and a refinement of the ideas that underlie critical legal theory. Arguing with the rigor of analytic philosophy and the alertness to paradoxes characteristic of deconstructive philosophy, Matthew Kramer begins by exploring the tangled relations between metaphysics and politics. He then attempts to transform the discourses of the critical legal studies movement by laying out a framework of five general themes: contradictions, contingency, (...) patterning, perspective, and ideology. Kramer calls for a more sophisticated awareness of their paradoxes, explaining why the paradoxes are by no means disabling or demobilizing. Finally, Kramer explores some of feminist theory's major controversies and problems, and argues that feminist theory can profit greatly by giving due attention to inescapable paradoxes. The book is an important contribution to political philosophy, jurisprudence, feminist philosophy and metaphysics, with powerful implications for epistemology and literary theory. (shrink)

The papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. The issues addressed include the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - (...) such as literature, architecture, music, painting, drawing and film - for law. (shrink)

This new book argues that at the core of legal philosophy’s principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront,Raban’s approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality.

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and (...) legal systems. While legal theory uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

Contains an integration of methods to be used for teaching and learning of legal theory. The text examines the uses of theory in the Australian legal environment by demonstrating how certain theories are explicitly or implicitly used by the courts to frame judgements.

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and (...) legal systems. While legal theory uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

This book of readings was designed for an introductory course in the theory of modern, Western law. The materials mine the depths of history, philosophy, politics, & ethics to bring to view a certain story of the present, past & future condition of modern Western legal theory, namely that "modern" legal theory is reaching its end with the new millennium.

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. (...) I then look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

Review of Frederic R. Kellogg, Oliver Wendell Holmes, Jr., _Legal Theory And Judicial Restraint_ (Cambridge University Press 2007).

As many disciplines in the humanities have experienced a focus on culture's impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory. Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to (...) law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education. 'Legal Theory and the Media of Law' will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy" -- Back cover. (shrink)

On a view that emerges from the “law and economics movement,” the purpose of law is to ensure that when individual citizens seek to maximize their individual utility, they will incidentally maximize society’s utility; the law ideally provides individual agents with incentives for efficient behavior. Finkelstein argues that laws that maximize social utility are not necessarily the best legal rules for individuals that seek to maximize their personal utility. In particular, she suggests that ideally rational individuals would be unlikely (...) to select the principle of utility maximization as the basis for choosing ideal legal rules. If Finkelstein is correct, the assumption that human beings are rational utility maximizers would have very different consequences from those that legal economists have identified. Rational actor theory would be more likely to lead us to justify legal rules structured around contractarian principles, i.e., principles of agreement, than around the principle of utility maximization. (shrink)

This collection brings together the most important and influential papers theorising the changing relationship between law and science. The articles span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, and the efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume strikes a balance between those that seek to protect law's autonomy against the perceived (...) unwelcome inroads of science, and those that seek to shape and change law by incorporating the latest scientific developments. (shrink)

The Epistle on Legal Theory: Muḥammad ibn Idrīs al-Shāfiʿī. Edited and translated by Joseph E. Lowry. Library of Arabic Literature. New York: New York University Press, 2013. Pp. xl + 501. $40.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law, The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law (...) and legal systems within courses on Political Science, Philosophy and Sociology. (shrink)

Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are (...) found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason. (shrink)

This chapter contains section titled: Historical Background An Overview The Indeterminacy Thesis Critical Legal Theory and Social Theory The Critique of the Public/Private Distinction Policy “Implications” The Critique of Rights Critical Feminist Theory and Critical Race Theory The Legacy References.

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection (...) of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the (...) style of recent court decisions which many critics find troublesome. (shrink)

The author attempted to present the development of legal theories through early & medieval philosophical history.

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory_. Represents essential reading for the beginning law student.

There is a common understanding among logicians today that nonmonotonic types of reasoning, such as defeasible or presumptive, can clearly warrant a rational acceptance of its conclusion. Recognition of the significance and legitimacy of these forms of arguments, which were considered for long as fallacious, is believed to be very recent and many logicians tended to reject any discussions around it within the tradition of logic after Aristotle. In contrast, Islamic jurisprudence (fiqh), since medieval age, has recognised the validity and (...) importance of non-deductive forms of reasoning, analysed the structures of such arguments and demonstrated how the conventionally understood fallacies are not essentially fallacies. Qiyās – generally represents analogical reasoning – is taken here as a case of defeasible reasoning in Islamic argumentation. This paper will show through works of two emblematic medieval Muslim jurist-logicians, al-Juwainī and al-Ghazzālī, that understanding the legitimacy and the structure of non-deductive forms of arguments is at the core of Islamic legal theories (usūl al-fiqh), and that they recognised its legitimacy and proposed a dialectical method (jadal) of approaching it. Les logiciens comprennent généralement que les types de raisonnement non monotones peuvent justifier l’acceptation rationnelle des conclusions. L’importance et la légitimité de ces formes d’arguments, qui ont longtemps été considérées comme fallacieuses, ont été controversées parmi les logiciens de la tradition logique aristotélicienne. En revanche, la jurisprudence islamique (fiqh) a depuis longtemps reconnu l’importance des formes de raisonnement non déductives et a démontré que les sophismes conventionnellement compris ne sont pas essentiellement des sophismes. Le qiyās – qui représente généralement le raisonnement analogique – est un exemple de raisonnement réfutable dans l’argumentation islamique. Je montre à travers les travaux de deux juristes-logiciens musulmans médiévaux emblématiques, al-Juwainī et al-Ghazzālī, que la compréhension de la légitimité des formes d’arguments non déductives est au cœur des théories juridiques islamiques (usūl al-fiqh), qui ont proposé une méthode d’approche dialectique (jadal). (shrink)