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The Problematics of Moral and Legal Theory
  • Language: en
  • Pages: 338

The Problematics of Moral and Legal Theory

  • Categories: Law

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.

Postmodern Philosophy and Law
  • Language: en
  • Pages: 248

Postmodern Philosophy and Law

  • Categories: Law
  • Type: Book
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  • Published: 1997
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  • Publisher: Unknown

The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Race, Law and Hypercriminality
  • Language: en
  • Pages: 198

Race, Law and Hypercriminality

  • Categories: Law

This book considers how neoliberal criminal law constructs racialised ‘hypercriminals’. In a world of fake news and virtual reality, where social media posts seem more real than the materiality of racial capitalism, this book develops the idea of ‘hypercriminality’, as a means of explaining how racial disproportionalities in the criminal legal system persist, despite discourses of a post-racial meritocracy. Drawing on critical race theory, the work of Judith Butler, and Jean Baudrillard’s conception of the hyperreal, the book considers how neoliberal legal discourse constructs and reproduces hyperreal racialised legal subjects. The simulated violent figure of the racialised gang me...

Karl Llewellyn and the Realist Movement
  • Language: en
  • Pages: 667

Karl Llewellyn and the Realist Movement

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

Assembling the Marvel Cinematic Universe
  • Language: en
  • Pages: 263

Assembling the Marvel Cinematic Universe

  • Type: Book
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  • Published: 2018-02-20
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  • Publisher: McFarland

The Marvel Cinematic Universe--comprised of films, broadcast television and streaming series and digital shorts--has generated considerable fan engagement with its emphasis on socially relevant characters and plots. Beyond considerable box office achievements, the success of Marvel's movie studios has opened up dialogue on social, economic and political concerns that challenge established values and beliefs. This collection of new essays examines those controversial themes and the ways they represent, construct and distort American culture.

Kafkaesque Laws, Nisour Square, and the Trials of the Former Blackwater Guards
  • Language: en
  • Pages: 225

Kafkaesque Laws, Nisour Square, and the Trials of the Former Blackwater Guards

This book provides academics and lay persons with Kafkaesque readings of our memories of the 2007 Nisour Square shootings in Iraq. The author uses critical analyses of the rise of Blackwater, support for private security firms and private contracting, prosecutorial and defense preparations and the 2014 jury trial to argue that most observers have drastically underestimated the groundswell of support that existed for Erik Prince and many other defenders of military or security outsourcing. This book puts on display the cultural, legal, and political difficulties that confronted those who wanted to try former Blackwater security guards in the name of belated social justice.

Worlds Colliding
  • Language: en
  • Pages: 446

Worlds Colliding

  • Categories: Law
  • Type: Book
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  • Published: 2017-07-12
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  • Publisher: Routledge

This title was first published in 2001. Worlds Colliding argues that the prevailing worldview held by those in positions of power in Western government sets the bounds for religious tolerance. It explores the degree to which a modern liberal state will allow a counter-cultural community the freedom to live according to its concept of the good life.

Going Public
  • Language: en
  • Pages: 260

Going Public

If so, Going Public: Critical Race Theory and Issues of Social Justice is for you. Nicholas Hartlep will show you that it's more sensible to believe that society and schools serve a hidden purpose (to help some and hurt others) instead of meritocracy. Join Nicholas on an excursion into the questions of school, society, and the unseen oppression and privilege they provide in relation to critical race theory and issues of social justice. You'll discover startling realities about minorities' disadvantages in the public school system and uncover the long journey to revamping school curricula for equality. After Going Public, you'll never think about schools and society in the same way again. Book jacket.

The Journal of the Legal Profession
  • Language: en
  • Pages: 798

The Journal of the Legal Profession

  • Type: Book
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  • Published: 1996
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  • Publisher: Unknown

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Current Law Index
  • Language: en
  • Pages: 1640

Current Law Index

  • Categories: Law
  • Type: Book
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  • Published: 2005
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  • Publisher: Unknown

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