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Author: Martin Loughlin Publisher: Oxford University Press ISBN: 0192538381 Category : Law Languages : en Pages : 240
Book Description
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Author: Martin Loughlin Publisher: Oxford University Press ISBN: 0198810229 Category : Law Languages : en Pages : 200
Book Description
A collection of brand new and revised essays from eminent scholar of public law, Martin Loughlin, that systematizes his work on political jurisprudence - a school of thought that contends the key to understanding the nature of legal order lies in how political authority is constituted.
Author: Roger Cotterrell Publisher: Oxford University Press, USA ISBN: 9780406930552 Category : Law Languages : en Pages : 324
Book Description
This text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.
Author: Martin Loughlin Publisher: Oxford University Press ISBN: 0192538381 Category : Law Languages : en Pages : 240
Book Description
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Author: Costas Douzinas Publisher: Hart Publishing ISBN: 9781841134529 Category : Law Languages : en Pages : 388
Book Description
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Author: Alex Conte Publisher: Routledge ISBN: 1317153618 Category : Law Languages : en Pages : 408
Book Description
Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.
Author: Anne Orford Publisher: Cambridge University Press ISBN: 1108480942 Category : History Languages : en Pages : 395
Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: Glendon Schubert Publisher: University of Hawaii Press ISBN: 0824883829 Category : Law Languages : en Pages : 421
Book Description
This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, “missionary,” critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes—particularly law, politics, and scholarship—are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge’s behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology—attitudes toward human values—is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert’s concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.
Author: Martin Loughlin
Author: Martin Loughlin
Author: Roger Cotterrell
Author: Martin Loughlin
Author: Costas Douzinas
Author: Roger B. M. Cotterrell
Author: Alex Conte
Author: Martin M. Shapiro
Author: Anne Orford
Author: Roger B. M. Cotterrell
Author: Glendon Schubert