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Law After Modernity (eBook)


ISBN13: 9781782251200
Published: April 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £76.50
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How can we characterise law and legal theory in the 21st century? This book argues that we live in an age 'after Modernity' and that legal theory must take account of this fact.

This work attacks, as outdated, theories of law which rest on widespread notions of law's autonomy and systematic nature and on certain notions of justice, personhood and legitimacy and seeks to replace them with a dynamic new account of law and laws appropriate for an era of Globalization and postnational communities.

The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, illustrated throughout with works of art and visual representations, which serve to enforce the messages of the book.

Subjects:
Jurisprudence, eBooks
Contents:
1. Introduction: Beyond the 'Degree Zero' of Law after Modernity Jurisprudentia Law and the Image 'Modernity' 'After' Modernity 'Law' Beyond the 'Degree Zero' of Law in Modernity Methodology
2. Autonomous Law or Redundant Law? The Elusive Nature of Legal Theory Autonomous Law Failures of Legal Autonomy Replacements and New Understandings A Broader Definition of Law? Against the 'One Big Thing'
3. Law as System: The Missing Multidimensionality of Law Methodical Law Undermining the System Beyond State Law Complexity and Interesting Relationships The Missing Multidimensionality of Law Multiple Relationships: 'Strange Loops and Tangled Hierarchies' Cubist Law? The Lack of a Singular Perspective
4. Reconfiguring the Legal Landscape: The Sojourn of Legal Pluralism Disorder, Entropy, Chaos: Is Law Like Literature? A Plurality of Laws and Legal Pluralism Problematic Pluralism Positive Crossings, Engagements and Perspectives: Turbulent Beauty? Visualising Law Today Conclusion
5. The Injustice of Law after Modernity Injustice, Insecurity and Flexible, Private Justice Globalisation and International Commerce Privatisation, Flexible Law, Governance and Insecurity Conclusion
6. Law, Justice and Injustice The Confusions of Justice The Proximity of Justice to Law Can Justice Ever Be Transnational? Transnational Justice Justice after Modernity
7. Legal Justice I: 'Maimed Justice' and the Rule of Law Maimed Justice A Common Conception of Justice? Justice and the Rule of Law The Shameful Absence of the Rule of Law
8. Legal Justice II: Reclaiming the Rule of Law from its 'Dark Side'-Critical Legal Justice The Critiques Against the Critiques The Need for the Rule of Law The Rule of Law Transfigured: Critical Legal Justice Conclusion
9. The Enigma of Human Rights A Conceptual Lack of Clarity Foundations Scepticism Why Then: An Historical Investigation Why Are We Still so Preoccupied with Human Rights? Juridification of Human Rights Pluralism, Complexity and Human Rights
10. Critical Legal Justice and Beyond: Cosmopolitanism Cosmopolitanism The Critique of Cosmopolitanism Cosmopolitan 'Law'? Conclusion
11. Beyond Cosmopolitanism: The Murky World of Governance and Global 'Justice' Reflexive Justice? Accountability Restorative and Responsive Justice Reinforcing Critical Legal Justice Anarchic Resistance to Injustice
12. Conclusion: Law and Justice after Modernity Diagnosis and Critique Justice Resistance and Demanding Justice

Series: Legal Theory Today

Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£85.00
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£72.00
(ePub)
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Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£80.00
Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£35.09
(ePub)
Buy
Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£38.99
Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£95.00
£38.99
Consent in the Law ISBN 9781841136790
Published January 2007
Hart Publishing
£95.00
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£75.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£37.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£28.99
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£26.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£75.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£27.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£80.00
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£32.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£26.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£80.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130286
Published January 2000
Hart Publishing
£27.99
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£80.00