politics postmodernity and critical legal studies the legality of the contingent

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Politics Postmodernity And Critical Legal Studies

Author : Costas Douzinas
ISBN : 9781134883578
Genre : Social Science
File Size : 41. 34 MB
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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.

Gender And Law In The Hebrew Bible And The Ancient Near East

Author : Victor H. Matthews
ISBN : 9780567620941
Genre : Religion
File Size : 37. 67 MB
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This striking new contribution to gender studies demonstrates the essential role of Israelite and Near East law in the historical analysis of gender. The theme of these studies of Babylonian, Hittite, Assyrian, and Israelite law is this: What is the significance of gender in the formulation of ancient law and custom? Feminist scholarship is enriched by these studies in family history and the status of women in antiquity. At the same time, conventional legal history is repositioned, as new and classical texts are interpreted from the vantage point of feminist theory and social history. Papers from SBL Biblical Law Section form the core of this collection.

Adriana Cavarero

Author : Elisabetta R. Bertolino
ISBN : 9781351259545
Genre : Law
File Size : 64. 89 MB
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Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice.

Prison Religion

Author : Winnifred Fallers Sullivan
ISBN : 9781400830374
Genre : Law
File Size : 41. 28 MB
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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.

The Newcastle Law Review

Author :
ISBN : UCAL:B5155653
Genre :
File Size : 64. 92 MB
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Legal Pluralism

Author : Warwick Tie
ISBN : STANFORD:36105060434615
Genre : Law
File Size : 43. 48 MB
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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.

Yale Journal Of Law The Humanities

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ISBN : UCAL:B4953901
Genre :
File Size : 74. 62 MB
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Michigan Law Review

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ISBN : UOM:39015058665830
Genre : Law reviews
File Size : 82. 22 MB
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Dispelling The Myths Of Abortion History

Author : Joseph W. Dellapenna
ISBN : STANFORD:36105114405769
Genre : Law
File Size : 73. 21 MB
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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.

In The Grip Of The Law

Author : Monika Fludernik
ISBN : IND:30000100528649
Genre : Literary Criticism
File Size : 86. 50 MB
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This book contributes significantly to Law and Literature studies. Arguing for the political relevance of their work, the editors open the volume with an introduction that summarizes topical developments in law enforcement and penal politics including the 'prisonization' of American society and popular support for « no tolerance approaches to crime. The fourteen essays that follow - six on trials and eight on prisons - discuss subjects ranging from the political ramifications of Captain Kidd's trials for piracy to a reading of South African prison memoirs and include treatments of prison films, courtroom dramas and works by Dickens, Shakespeare and Scott. The volume demonstrates powerfully how concepts of criminality are constructed and how literature participates in, and sometimes enhances, general discursive traditions of adversarial litigation and carcerality.

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