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Vol 21 No 11 Nov/Dec 2016

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Law After Modernity


ISBN13: 9781841130293
Published: April 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00
Hardback edition publication abandoned, ISBN13 9781841135625



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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This work attacks, as outdated, theories of law which rest on widespread notions of law's autonomy and systematic nature and on certain notions of justice, personhood and legitimacy and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
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