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Author: Peter Goodrich Publisher: University of Michigan Press ISBN: 0472023101 Category : Law Languages : en Pages : 328
Book Description
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Author: Peter Goodrich Publisher: University of Michigan Press ISBN: 0472023101 Category : Law Languages : en Pages : 328
Book Description
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Author: Gary Minda Publisher: NYU Press ISBN: 0814761011 Category : Law Languages : en Pages : 362
Book Description
What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Author: Douglas E. Litowitz Publisher: ISBN: Category : Law Languages : en Pages : 248
Book Description
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
Author: Stephen M. Feldman Publisher: Oxford University Press on Demand ISBN: 019510966X Category : Law Languages : en Pages : 285
Book Description
American legal thought has progressed remarkably quickly from premodernism to modernism and into postmodernism in little over 200 years. This text tells the story of this mercurial journey of jurisprudence by showing the development of legal thought through these three intellectual periods.
Author: Jerome Frank Publisher: Routledge ISBN: 1351509551 Category : Law Languages : en Pages : 494
Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Helen Stacy Publisher: Ashgate Publishing ISBN: Category : Jurisprudence Languages : en Pages : 232
Book Description
This discussion asserts that legal theory is being transformed by postmodern and critical social theory. The author argues for a familiarity with postmodern legal and social theory, as postmodernism could potentially fundamentally alter the legal meaning of agency, rationality, and intention.
Author: Graham James McAleer Publisher: ISBN: 9780268105938 Category : Philosophy Languages : en Pages : 124
Book Description
Graham McAleer's Erich Przywara and Postmodern Natural Law is the first work to present in an accessible way the thinking of Erich Przywara (1889-1972) for an English-speaking audience. Przywara's work remains little known to a broad Catholic audience, but it had a major impact on many of the most celebrated theologians of the twentieth century, including Hans Urs von Balthasar, Karl Rahner, Edith Stein, and Karl Barth. Przywara's ground-breaking text Analogia Entis (The analogy of being) brought theological metaphysics into the modern era. While the concept of "analogy of being" is typically understood in static terms, McAleer explores how Przywara transformed it into something dynamic. McAleer shows the extension of Przywara's thought into a range of disciplines: from a new theory of natural law to an explanation of how misunderstanding the analogy of being lies at the foundation of the puzzles of modernity and postmodernity. He demonstrates, through Przywara's conceptual framework, how contemporary moral problems, such as those surrounding robots, Islam and sumptuary laws, Nazism (including fascism and race), embryos, migration, and body modification, among others, are shaped by the failure of Western thought to address metaphysical quandaries. McAleer updates Przywara for a new audience searching for solutions to the failing humanism of the current age. This book will be of interest to intellectuals and scholars in a wide range of disciplines within philosophy or theology, and will appeal especially to those interested in systematic and moral theology.
Author: Karin Van Marle Publisher: AFRICAN SUN MeDIA ISBN: 192033808X Category : Law Languages : en Pages : 163
Book Description
Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.
Author: Isaak Ismail Dore Publisher: ISBN: 9781594603877 Category : Knowledge, Theory of Languages : en Pages : 0
Book Description
This book differs from a standard jurisprudence text in that it examines law as a truth claim. Its major question is whether there are any eternal truths about the law, and, if so, whether they are knowable. Examples of questions discussed are: What is the correct foundation of law? Is it knowable? What is its source? What is the role of reason? Does reason exist apart from the "sources" of law, in the Cartesian tradition separating mind and body (res cogitans and res extensa)? What is the nature of the obligation to obey the law and how does it arise? What is the nature of the connection between law and morality? The first Western philosopher who explicitly asserted that law is a truth claim was Socrates. It is not surprising that other Western philosophers followed this path. This book traces the origins of this claim to some 500 years before Socrates walked the streets of Athens and then provides a compete historical profile over eight overlapping historical/philosophical periods: The pre-philosophical period, the presocratic period, the post-socratic period, the Roman period, the medieval/Christian period, the enlightenment period, the modern period and the postmodern period. These periods are intended to serve as analytical categories on which the organizational framework of the book rests. They also serve as evolutionary guideposts in an intellectual voyage, so that the reader gets an integrated picture of law not just as a social phenomenon but also as a truth claim, which, like all truth claims, can be critically evaluated. "This book is a brilliantly conceived and executed exploration of the extent to which law is rooted in "truth": rational truth, perceptive truth, and moral truth. This question is obviously foundational to law, whether law is viewed practically or theoretically. Through keen selection of materials and sharp commentary, Professor Dore presents - in one volume - the best current treatment of these issues from a broad historical perspective. It is an engaging and critical achievement, important reading for anyone interested in law as a human institution." -- Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell University Law School
Author: Steven Connor Publisher: Cambridge University Press ISBN: 1107494133 Category : Literary Criticism Languages : en Pages : 256
Book Description
The Cambridge Companion to Postmodernism offers a comprehensive introduction to postmodernism. The Companion examines the different aspects of postmodernist thought and culture that have had a significant impact on contemporary cultural production and thinking. Topics discussed by experts in the field include postmodernism's relation to modernity, and its significance and relevance to literature, film, law, philosophy, architecture, religion and modern cultural studies. The volume also includes a useful guide to further reading and a chronology. This is an essential aid for students and teachers from a range of disciplines interested in postmodernism in all its incarnations. Accessible and comprehensive, this Companion addresses the many issues surrounding this elusive, enigmatic and often controversial topic.
Author: Peter Goodrich
Author: Peter Goodrich
Author: Gary Minda
Author: Douglas E. Litowitz
Author: Stephen M. Feldman
Author: Jerome Frank
Author: Helen Stacy
Author: Graham James McAleer
Author: Karin Van Marle
Author: Isaak Ismail Dore
Author: Steven Connor