Get An Introduction to Critical Legal Theory PDF

By Ian Ward

ISBN-10: 185941348X

ISBN-13: 9781859413487

This publication is a finished textual content for either scholars and academics of criminal thought, jurisprudence and comparable topics. It introduces all of the conventional faculties of felony thought, from traditional legislations to Positivism to felony Formalism in addition to a few modern and interdisciplinary methods to felony thought together with legislation and economics, legislation and society, legislation and literature, serious criminal reviews, feminism, race thought and publish modernism.

In the method of so doing, in addition to introducing the reader to validated jurists, resembling Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers equivalent to Plato, Kant and Sartre, economists equivalent to Smith, Keynes and Galbraith, social theorists reminiscent of Foucault, Marx and literary theorists similar to Derrida and Fish.

This e-book seeks to excellent the expanding ambition of criminal idea to arrive past the slim confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This e-book isn't just a textual content approximately felony conception, it's also a textual content which introduces the reader to philosophy, economics, politics, historical past, literature and social concept. It hence offers not only a serious creation to criminal concept, yet an creation to the complete ambition of legislations as an highbrow self-discipline.

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29 CHAPTER 2 THE CRITIQUE OF MODERNITY THE MORAL SELF Enlightenment In the previous chapter, we explored a particular line in legal theory which stretched from classical Greece, through medieval and early modern Europe, to modern theories of natural law. In doing so, we established a model of modernity, defined by an adherence to the idea of law as an expression of natural or divine order. At the same time, we also noted the immanent potential for critique. In this chapter, we are going to investigate another intellectual tradition which is founded on a notion of order, Kantianism.

To deny that certain rules can be so immoral as to be denied moral and popular legitimacy would be to permit a degree of relativism which could legitimate any ‘legislative monstrosity’. The future of Germany, as Radbruch appreciated, demanded an 23 An Introduction to Critical Legal Theory appreciation of the distinction between ‘the demands of order, on the one hand, and those of good order, on the other’ (Fuller, 1958, pp 651–57). Such a response reflected Fuller’s broader idea of natural law, as articulated in his The Morality of Law and Principles of Social Order.

Indeed, Kant was an active member of an extreme puritan sect of Lutheran Pietists. In fact, as Herbert Marcuse noted, it was the empowerment of the individual conscience facilitated by the Lutheran reformation which provided the intellectual foundation for Kantian theories of the moral self. 31 An Introduction to Critical Legal Theory According to Marcuse, it was Kant who provided a ‘secularised’ protestant theology (Marcuse, 1972, pp 56–94). At the same time, the rise of the political State, which had forced Aquinas and Hooker to fashion distinct political theologies, reached its epitome towards the end of the 18th century, by which time it could fairly be said that ideals of godly commonwealth and respublica Christiana only existed in the poetry of Milton or Blake.

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An Introduction to Critical Legal Theory by Ian Ward

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