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Law and the Postmodern Mind
Explores the connections between psychoanalysis and law
Politics, Postmodernity and Critical Legal Studies
This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.
Jurisdiction in Deleuze: The Expression and Representation of Law
Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression.
Prison Religion
More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v....
Transitions in Continental Philosophy
This book challenges and renews the discussions that have historically characterized the tradition of continental thought in the areas of ethics, feminism, aesthetics, and political theory. The classical origins of this tradition--phenomenology, existentialism, and hermeneutics--emerged according to models that were foundational and systematic in character. The book shows that continental philosophy is now woven between counter-discourses and concrete interventions, complicated in the relationship between theory and practice; that is, in the transition between concept and determination, idea and intuition, the ontic and the ontological, experience and judgment.
The Impossibility of Religious Freedom
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifact...
Law, Violence, and the Possibility of Justice
Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert ...
Coping in Politics with Indeterminate Norms
Are social equity, political fairness, and legal justice possible within a liberal political order, even if norms are indeterminate? The modern world is distinguished by both its complexity and the absence of a single theory, principle, or tradition with the authority to constrain us. Coping in Politics with Indeterminate Norms demonstrates that while moral validity is relative rather than absolute, and cultural meanings local rather than universal, social integration and democratic politics are still attainable goals. Benjamin Gregg fashions a theory that combines proceduralism with pragmatism—an "enlightened localism"—that adjudicates among competing normative commitments and interpretations using local criteria in the absence of universal standards. The theory is applied to three empirical domains: social criticism, public policy, and law and morality.
Dialogues on Justice
The contributions presented in this volume are the result of research activities and interdisciplinary encounters organised by the Nordic Network of Law and Literature. They focus on current discussions on justice in a Nordic and European context. By expanding the focus to justice and humanities – beyond "law and literature" – the authors intend to not only cover law and literature in a traditional (narrow) sense, but to embrace different perspectives closely linked to the research and debate about law and literature, e.g., in cultural studies. The volume specifically deals with four main themes, each of which is described and analysed from different angles, by a scholar with a background in the humanities and a scholar with a legal background (or lawyer), respectively: Law and Humanities – the Road Ahead; History, Memory and Human Rights; Forgiveness and Law; Justice, Culture and Copyright.
Oedipus Lex
Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mecha...
