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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... and control human thought and action which is vested by the configuration of technical expertise, market control and coercive power in systems of law, there is reason for studying every aspect of the way in which law appears and.
... and control human thought and action which is vested by the configuration of technical expertise, market control and coercive power in systems of law, there is reason for studying every aspect of the way in which law appears and.
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... action and float off to constitute a realm of the sacred. From within this realm, the mundane activities of lawyers, judges, and legislators become invested with a meaning and significance which goes beyond any down-to-earth account of ...
... action and float off to constitute a realm of the sacred. From within this realm, the mundane activities of lawyers, judges, and legislators become invested with a meaning and significance which goes beyond any down-to-earth account of ...
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... action; one of the things which is part of everyday lives—on the street, on the farm, in business and in homes. But the justification of this practice is quite a different question. Despite the linguistic absurdity, it is not ...
... action; one of the things which is part of everyday lives—on the street, on the farm, in business and in homes. But the justification of this practice is quite a different question. Despite the linguistic absurdity, it is not ...
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... action' rather than 'the law in books' (Llewellyn 1962). It is not a paradigm of philosophical Jurisprudence, and to analyse it as such, as Dworkin does, does not do it justice. It is mentioned here because of the influence it has had ...
... action' rather than 'the law in books' (Llewellyn 1962). It is not a paradigm of philosophical Jurisprudence, and to analyse it as such, as Dworkin does, does not do it justice. It is mentioned here because of the influence it has had ...
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... action as a defeat, not a victory. It would have been a victory, he explained to me, if they had been able to negotiate an agreement with the electricity authority. As it was, they had to rely on the good will of a liberal white judge ...
... action as a defeat, not a victory. It would have been a victory, he explained to me, if they had been able to negotiate an agreement with the electricity authority. As it was, they had to rely on the good will of a liberal white judge ...
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