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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Jurisprudence as Ideology New ed

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Valerie KerruishUniversity of Western Australia, Australia

ISBN13: 9780415088572
ISBN: 0415088577
Published: October 1992
Publisher: Taylor & Francis
Format: paperback (C format)
Price: £35.99

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How can universally valid legal principles possibly exist in a manifestly unequal world? In Jurisprudence as Ideology Valerie Kerruish examines how a progressive law may be possible. She presents jurisprudence as a paradigm of legal ideology, unravelling the unjust social dynamic within which law operates and which, she argues, law helps to create. Central to Kerruish's argument is her illuminating concept of rights fetishism': the mystification of the value of law for persons occupying surbordinate positions in social relations'.

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Introduction: Thinking about Jurisprudence as Ideology 1. A Realist Concept of Ideology 2. Three Concepts of Law 3. Tradition, Agreement and Argument in Jurisprudence 4. The Jurisprudence Game: The Legal Construction of Objectivity 5. Rights Fetishism 6. Against Jurisprudence: the Exclusion of Standpoint. By Way of a Conclusion: Standpoint: Relativity and the Value of Law: Endnotes: Bibliography