Download e-book for iPad: An Introduction to Critical Legal Theory by Ian Ward

By Ian Ward

ISBN-10: 185941348X

ISBN-13: 9781859413487

This e-book is a entire textual content for either scholars and academics of felony conception, jurisprudence and comparable topics. It introduces all of the conventional faculties of criminal thought, from ordinary legislation to Positivism to criminal Formalism in addition to a couple of modern and interdisciplinary techniques to criminal concept together with legislation and economics, legislations and society, legislation and literature, severe felony reviews, feminism, race thought and submit modernism.

In the method of so doing, in addition to introducing the reader to validated jurists, equivalent to Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers similar to Plato, Kant and Sartre, economists equivalent to Smith, Keynes and Galbraith, social theorists resembling Foucault, Marx and literary theorists akin to Derrida and Fish.

This e-book seeks to ideal the expanding ambition of felony thought to arrive past the slender confines of conventional jurisprudence and to re-establish itself in the wider highbrow global. This publication isn't just a textual content approximately criminal conception, it's also a textual content which introduces the reader to philosophy, economics, politics, background, literature and social conception. It therefore presents not only a serious advent to felony conception, yet an creation to the complete ambition of legislation as an highbrow self-discipline.

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There was, the Committee resolved, an area of ‘private morality and immorality’ which is ‘not the law’s business’. There can be no doubt that Devlin shared a number of opinions on private sexuality which served to place him firmly within a particular intellectual and historical 24 Identifying Modernism context. He described homosexuality to be ‘a miserable way of life’ and one from which it is the ‘duty of society’ to try to save people, whilst rampant sexual activity, particularly outside monogamous marriage, could only lead to the ‘degradation’ of men and women (Devlin, 1965, p v).

The sovereign who properly ‘fosters the common good with all care’ will be rewarded with ‘blessedness’ and the ‘love’ of his subjects, and is unlikely to want anything more (D’Entreves, 1959, pp 22–29). Of course, history had revealed that there were tyrants – invariably barbarians, heretics or Jews – who refused to rule in accordance with the eternal or natural law. Yet, though they could be excommunicated by the Papacy, it was not sensible in the delicate politics of medieval Europe for Catholic theologians to be justifying a general right of rebellion against secular authorities, no matter how tyrannical they might be.

The idea of ‘civil society’ is one given by God as a ‘necessary means’ to the ‘perfection’ of ‘our virtue’, and protestant theology fashions a necessary ‘impression’ on the ‘mind’ of every Englishman. It is not a matter for metaphysical debate, but rather a simple assertion of historical fact (Burke, 1986, pp 188–89, 196–98). NATURAL LAW REVISITED Law and morality: Hart and Fuller The rise and rise of the secular State has increasingly marginalised theological theories of law and, whilst Hooker’s constitutional settlement may continue to enjoy a certain contemporary relevance, the notion of a godly commonwealth has largely disappeared from modern political discourse.

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An Introduction to Critical Legal Theory by Ian Ward


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