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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Critical Jurisprudence: The Political Philosophy of Justice

ISBN13: 9781841134529
ISBN: 184113452X
Published: September 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £31.99

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This new text is essential reading for anyone seeking an alternative account of the jurisprudential tradition. Provocative, engaging and insightful, Critical Jurisprudence challenges the reader to question dominant readings of the law, tracing a tradition of critical thought that has always haunted the orthodoxy.

Part text book, part user's manual, the work departs from the usual debates that dominate jurisprudence. Its key thesis is that the entire jurisprudential tradition needs to be re-assessed. The book offers an exploration of the work of philosophers and social and political theorists whose work has not traditionally been seen as jurisprudential

Offering an introduction and interpretation of thought that has been criticised or dismissed as obscure, the book argues that law has always been at the heart of philosophy and social theory, but that it is necessary to expand the jurisprudential canon; to take the subject out of its self imposed ghetto, and to open dialogues between traditions seen as irreconcilable. This allows a radical rethinking of the nature of rights, justice, sovereignty and other foundational concepts. 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.

Part 1: ;Introductions
1. From Restricted to General Jurisprudence
2. Law’s Others: Poststructuralism and Law
Part 2: Classical Jurisprudence
3. Natural Law, Resistance and Utopia
4. Justice: A Short History of (a Long) Failure
5. England’s Dreaming: The Spirits of Positivism
6. Manuscript Found in a Bottle: Notes Towards a Theory of Judgement
Part 3: Philosophical Differences
7. The Colour of Law: Identity, Recognition, Rights
8. Letter to a Wound: Marxism, Justice and the Social Order
Part 4: Critical Jurisprudence
9. News from Nowhere: Anxiety, Critical Legal Studies and
Critical ‘Tradition(s)’
10. White Law, Black Power: Racism, Resistance and
Critical Jurisprudence
11. At the Stroke of Midnight . . .: Postcolonial Jurisprudence
Part 5: Aesthetic Jurisprudence
12. Psychoanalysis Becomes the Law
13. The Lion for Real: Law and the Demands of Literature