Politics Postmodernity and Critical Legal Studies

Author: Costas Douzinas
Publisher: Routledge
ISBN: 1134883579
Format: PDF, ePub, Docs
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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.

Judging the Image

Author: Alison Young
Publisher: Psychology Press
ISBN: 041530184X
Format: PDF, Mobi
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Art, value, law - the links between these three terms mark a history of struggle in the cultural scene. Studies of contemporary culture have thus increasingly turned to the image as central to the production of legitimacy, aesthetics and order. Judging the Image extends the cultural turn in legal and criminological studies by interrogating our responses to the image. This book provides a space to think through problems of ethics, social authority and the legal imagination. Concepts of memory and interpretation, violence and aesthetic, authority and legitimacy are considered in a diverse range of sites, including: * body, performance and regulation * judgment, censorship and controversial artworks * graffiti and the aesthetics of public space * HIV and the art of the disappearing body * witnessing, ethics and the performance of suffering * memorial images - art in the wake of disaster.

Niklas Luhmann Law Justice Society

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211280
Format: PDF
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Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.

Prison Religion

Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 1400830370
Format: PDF, Kindle
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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. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

Legal Pluralism

Author: Warwick Tie
Publisher: Ashgate Pub Limited
ISBN:
Format: PDF, Mobi
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This text explores the present state and future prospects of the legal pluralist paradigm. Its goal is to identify the most fertile dimensions of that paradigm for theorizing the future of law, for conditions where the liberal concept of law is contested by a range of socio-cultural perspectives.

Dispelling the Myths of Abortion History

Author: Joseph W. Dellapenna
Publisher:
ISBN:
Format: PDF, ePub, Docs
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In Roe v. Wade, Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the “true” history of abortion in England and America: (1) Abortion was not a crime “at common law” (before the enactment of abortion statutes in the nineteenth century. (2) Abortion was common and relatively safe during this time.(3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus.(4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine.This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo- American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.

Beginning Postmodernism

Author: Tim Woods
Publisher: Manchester University Press
ISBN: 9780719079962
Format: PDF, Kindle
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'Postmodernism' became the buzzword of contemporary society in the 1990s. Yet, even now, it still remains confusing and baffling in its variety of defiinitions, contexts and associations. Beginning Postmodernism aims to offer clear, accessible and step-by-step introductions to postmodernism across a wide range of subjects. It encourages readers to explore how the debates about postmodernism have emerged from basic philosophical and cultural ideas, and to develop comparative connections and ideas from one area to another. With its emphasis firmly on 'postmodernism in practice', the book contains questions designed to help readers understand and reflect upon a variety of positions within the following areas of contemporary culture: philosophy and cultural theory; architecture and concepts of space; visual art, sculpture and material culture; popular culture and music; film, video and television; and the social sciences