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The Problematics of Moral and Legal Theory
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Postmodern Philosophy and Law
The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR
Karl Llewellyn and the Realist Movement
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
Kafka's Indictment of Modern Law
The legal system is often denounced as "Kafkaesque"—but what does this really mean? This is the question Douglas E. Litowitz tackles in his critical reading of Franz Kafka's writings about the law. Going far beyond Kafka's most familiar works—such as The Trial—Litowitz assembles a broad array of works that he refers to as "Kafka's legal fiction"—consisting of published and unpublished works that deal squarely with the law, as well as those that touch upon it indirectly, as in political, administrative, and quasi-judicial procedures. Cataloguing, explaining, and critiquing this body of work, Litowitz brings to bear all those aspects of Kafka's life that were connected to law—his leg...
Israel's Military Operations in Gaza
Civilians in Gaza and Israel are caught up in complex, violent situations that have overstepped conventional battle lines. Both sides of the conflict have found ways to legitimate the use of violence, and continually swap accusations of violations of domestic and international humanitarian laws. Israel’s Military Operations in Gaza provides an ideological critique of the legal, military, and social media texts that have been used to legitimate historical incursions into the Gaza, with special focus on Operation Protective Edge. It argues that both the Palestinians and the Israelis have deployed various forms of ‘telegenic’ warfare. They have each used argumentative rhetorics based on c...
The Latino/a Condition
Richard Delgado is University Professor at Seattle University Law School. --
Going Public
If so, Going Public: Critical Race Theory and Issues of Social Justice is for you. Nicholas Hartlep will show you that it's more sensible to believe that society and schools serve a hidden purpose (to help some and hurt others) instead of meritocracy. Join Nicholas on an excursion into the questions of school, society, and the unseen oppression and privilege they provide in relation to critical race theory and issues of social justice. You'll discover startling realities about minorities' disadvantages in the public school system and uncover the long journey to revamping school curricula for equality. After Going Public, you'll never think about schools and society in the same way again. Book jacket.
Understanding Jurisprudence
Understanding Jurisprudence provides an illuminating and engaging introduction to the central questions of legal theory. It is the perfect starting point for those new to the subject.
Untangling Critical Race Theory
What is Critical Race Theory, and how should Christians engage it? Ed Uszynski carefully unpacks what critical race theorists seek to accomplish and what Christians can learn from them. In this guide, he carefully explores CRT's roots, context, and tenets, revealing common distortions and providing responsible answers to legitimate concerns.
Assembling the Marvel Cinematic Universe
The Marvel Cinematic Universe--comprised of films, broadcast television and streaming series and digital shorts--has generated considerable fan engagement with its emphasis on socially relevant characters and plots. Beyond considerable box office achievements, the success of Marvel's movie studios has opened up dialogue on social, economic and political concerns that challenge established values and beliefs. This collection of new essays examines those controversial themes and the ways they represent, construct and distort American culture.
