Jurisprudence as IdeologyIn Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law. |
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... abstract form of legal discourse it reveals the categories and concepts in which lawyers and jurists think about law. How widely this mode of thought is shared within the practising profession, how influential it is on people in the ...
... abstract form of legal discourse it reveals the categories and concepts in which lawyers and jurists think about law. How widely this mode of thought is shared within the practising profession, how influential it is on people in the ...
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... abstract, free and equal individual is a persona to which rights can be attached. The ascription of rights, then, constructs legal identities— landowners and tenants, husbands and wives, employers and employees, principals and agents ...
... abstract, free and equal individual is a persona to which rights can be attached. The ascription of rights, then, constructs legal identities— landowners and tenants, husbands and wives, employers and employees, principals and agents ...
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... abstract ideas. Ways which are informed by the experience of being exploited and devalued. Awareness that this is not a universal experience goes against the legislative or normative tendency of theory. Awareness of rights fetishism as ...
... abstract ideas. Ways which are informed by the experience of being exploited and devalued. Awareness that this is not a universal experience goes against the legislative or normative tendency of theory. Awareness of rights fetishism as ...
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... abstract from concrete, multiply determined being in order to find out quite down-to-earth things about the persistence of material inequality. That, it seems to me, is just the way it is and I leave it to others to legislate against it ...
... abstract from concrete, multiply determined being in order to find out quite down-to-earth things about the persistence of material inequality. That, it seems to me, is just the way it is and I leave it to others to legislate against it ...
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Contents
A Realist Concept of Ideology | |
Three Concepts of | |
Tradition Agreement and Argument in Jurisprudence | |
The Legal Construction of Objectivity | |
Rights Fetishism | |
The Exclusion of Standpoint | |
Standpoint Relativity and the Value of | |
Bibliography | |
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Common terms and phrases
abstract argues argument assumption bourgeoisie claim coercive commodity fetishism common law concept of law conception of ideology concerned constituted construction context culture debate doctrinal legal discourse economic epistemological equality ethical feminist Finnis and Dworkin form of value Hart’s human law ideas of law individuals internal point interpretive interpretive community Jurisprudential jurists justice justified knowledge of law labour law as integrity Law’s Empire lawyers legal norms legal positivism legal practices legal system liberal Marx Marx’s Marxist material inequality meaning moral and political natural law negatively ideological neutral normative dimensions notion object of knowledge obligation one’s participants particular philosophical Jurisprudence point of view positivist practical reasonableness principles problem production question realist relations of production rights fetishism Ronald Dworkin rules scepticism social practices social reality social relations social theory society standpoint subordinated terra nullius texts theorists theory of law things thought tradition truth understanding value of law