The Critical Legal Studies Movement

Another Time, A Greater Task

Author: Roberto Mangabeira Unger

Publisher: Verso Books

ISBN: 1781683417

Category: Law

Page: 224

View: 3388

Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.
Posted in Law

Introduction to Critical Legal Theory

Author: Ian Ward

Publisher: Routledge

ISBN: 1136997814

Category: Law

Page: 224

View: 5331

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.
Posted in Law

What Should Legal Analysis Become?

Author: Roberto Mangabeira Unger

Publisher: Verso

ISBN: 9781859841006

Category: Law

Page: 198

View: 7501

Roberto Mangabeira Unger brings together his work in legal and social theory. He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.
Posted in Law

Law in Modern Society

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

ISBN: 0029328802

Category: Law

Page: 309

View: 2501

"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Posted in Law

Legal Education and the Reproduction of Hierarchy

A Polemic Against the System

Author: Duncan Kennedy

Publisher: NYU Press

ISBN: 0814748058

Category: Law

Page: 223

View: 8050

Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies.
Posted in Law

Free Trade Reimagined

The World Division of Labor and the Method of Economics

Author: Roberto Mangabeira Unger

Publisher: Princeton University Press

ISBN: 9781400827855

Category: Political Science

Page: 240

View: 3240

Free Trade Reimagined begins with a sustained criticism of the heart of the emerging world economy, the theory and practice of free trade. Roberto Mangabeira Unger does not, however, defend protectionism against free trade. Instead, he attacks and revises the terms on which the traditional debate between free traders and protectionists has been joined. Unger's intervention in this major contemporary debate serves as a point of departure for a proposal to rethink the basic ideas with which we explain economic activity. He suggests, by example as well as by theory, a way of understanding contemporary economies that is both more realistic and more revealing of hidden possibilities for transformation than are the established forms of economics. One message of the book is that we need not choose between accepting and rejecting globalization; we can have a different globalization. Traditional free trade doctrine rests on shaky empirical and theoretical ground. Unger takes a new approach to show when international trade is likely to be useful or harmful to the socially inclusive economic growth that every nation wants. Another message is that the movement of people and ideas is more important than the movement of things and money, and that freedom to change the institutions defining a market economy is just as important as freedom to exchange goods on the basis of those institutions. Free Trade Reimagined ranges broadly within and outside economics. Presenting technical issues in plain language, it appeals to the general reader. It puts a disciplined imagination in the service of rebellion against the dictatorship of no alternatives that characterizes life and thought today.
Posted in Political Science

Rise and Fall of Classical Legal Thought

Author: Duncan Kennedy

Publisher: Beard Books

ISBN: 9781587982781

Category: Law

Page: 273

View: 6882

With a comment introduction, this is reprint of the exciting earlier limited edition praised by legal scholars and often cited. It deals with the development and disintegration of a form of American legal thought that emerged between 1880 and 1885 and flourished between 1885 and 1940.
Posted in Law

Knowledge and Politics

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

ISBN: 0029328705

Category: Philosophy

Page: 352

View: 602

Posted in Philosophy

Conjectures of a Guilty Bystander

Author: Thomas Merton

Publisher: Image

ISBN: 9780307589521

Category: Religion

Page: 400

View: 4115

In this series of notes, opinions, experiences, and reflections, Thomas Merton examines some of the most urgent questions of our age. With his characteristic forcefulness and candor, he brings the reader face-to-face with such provocative and controversial issues as the “death of God,” politics, modern life and values, and racial strife–issues that are as relevant today as they were fifty years ago. Conjectures of a Guilty Bystander is Merton at his best–detached but not unpassionate, humorous yet sensitive, at all times alive and searching, with a gift for language which has made him one of the most widely read and influential spiritual writers of our time. From the Trade Paperback edition.
Posted in Religion

Social Theory

Its Situation and Its Task : a Critical Introduction to Politics, a Work in Constructive Social Theory

Author: Roberto Mangabeira Unger

Publisher: Verso

ISBN: 9781844675159

Category: Political Science

Page: 256

View: 3707

Social Theory: Its Situation and Its Task is an introduction both to Unger's ideas and to the major debates of contemporary social, political and economic thought. Unger shows how the failures of social science and the criticism of such ambitious, deterministic theories as Marxism offer materials for an alternative practice of social understanding. This alternative severs, once and for all, the link between the explanation of social arrangements and the vindication of their necessity. Unger argues that the disappointment of so many liberal and socialist hopes coexists with unforeseen opportunities to advance progressive commitments. To seize such opportunities, however, we must rethink many of our basic beliefs about society about what it is and what it can become. Social Theory: Its Situation and Its Task shows that what at first seems a circumstance of intellectual and political paralysis turns out to be rich in unrecognized transformative possibility.
Posted in Political Science

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 2900

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Posted in Law

The Philosophy of Marx

Author: Étienne Balibar

Publisher: Verso Books

ISBN: 1784786055

Category: Philosophy

Page: 240

View: 9506

A rich and accessible introduction to Marx’s fundamental concepts from a key intellectual—now updated Written by one of political theory’s leading thinkers, The Philosophy of Marx examines all the key areas of Marx’s writings in their wider historical and theoretical context—including the concepts of class struggle, ideology, humanism, progress, determinism, commodity fetishism, and the state. Etienne Balibar opens a gateway into the thought of one of history’s great minds. In this updated edition to this now classic work, Balibar has added a substantial introduction and new material. Complete with key “information boxes” for the student to make the most challenging areas of theory easy to understand, this remains the best available introduction to the most important thinker of the past 200 years.
Posted in Philosophy

Passion

An Essay on Personality

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

ISBN: 0029331803

Category: Philosophy

Page: 312

View: 1313

Examines the modern view of human nature and analyzes the desire to be accepted by other people.
Posted in Philosophy

Red, White, and Blue

A Critical Analysis of Constitutional Law

Author: Mark V. Tushnet

Publisher: N.A

ISBN: 9780700621026

Category: Law

Page: 376

View: 700

Examines the major approaches to constitutional interpretation developed in the late twentieth century. Though interpretive theories purport to constrain judges in a disciplined way, none actually can do so. An Afterword brings the story up to the present, without altering its conclusion, that "Critique is all there is."
Posted in Law

Critical Legal Studies

A Liberal Critique

Author: Andrew Altman

Publisher: Princeton University Press

ISBN: 9780691024677

Category: Philosophy

Page: 206

View: 1538

Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book- length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book- length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
Posted in Philosophy

The Left Alternative

Author: Roberto Mangabeira Unger

Publisher: Verso Books

ISBN: 9781844673704

Category: Political Science

Page: 197

View: 830

A manifesto that tackles head-on the question of how the Left should respond to globalization and neoliberalism. Since the major ideological proposals of the past two hundred years fail to address today's problems, where do we go from here? Unger shows that there is a set of national and global alternatives that we can begin to develop with the materials at hand: opportunities available to us only if we learn to recognize them.
Posted in Political Science

The Religion of the Future

Author: Roberto Mangabeira Unger

Publisher: Harvard University Press

ISBN: 0674729072

Category: Philosophy

Page: 468

View: 1596

"A book about religion and a religious work in its own right, it proposes the content of a religion that can survive faith in a transcendent God and in life after death. According to this religion - the religion of the future - human beings can be more human by becoming more godlike, not just later, in another life or another time, but right now, on Earth and in their own lives."--Publishers website
Posted in Philosophy

The Powers of Law

A Comparative Analysis of Sociopolitical Legal Studies

Author: Mauricio García-Villegas

Publisher: Cambridge University Press

ISBN: 1108554229

Category: Law

Page: 242

View: 3855

Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio García-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to socio-political legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and socio-legal studies, García-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of socio-political legal studies.
Posted in Law

Social Movements

An Introduction

Author: Donatella della Porta,Mario Diani

Publisher: John Wiley & Sons

ISBN: 1405148217

Category: Social Science

Page: 360

View: 950

Social Movements is a comprehensive introduction and critical analysis of collective action in society today. In this new edition, the authors have updated all chapters with the most recent scientific literature, expanded on topics such as individual motivations, new media, public policies, and governance. Draws on research and empirical work across the social sciences to address the key questions in this international field. New edition expands on topics such as individual motivations, new media, public policies, and governance. Has been redesigned in a more user-friendly format.
Posted in Social Science

Searching for Contemporary Legal Thought

Author: Justin Desautels-Stein,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 1108365221

Category: Law

Page: N.A

View: 6414

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Posted in Law