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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... analyses, paying proper respect to some of the major legal theorists of our time, not polemical trashing exercises. As a result, we emerge, too, with a basis for the forward movement of theory on which the author is to embark. Chapter 4 ...
... analyses, paying proper respect to some of the major legal theorists of our time, not polemical trashing exercises. As a result, we emerge, too, with a basis for the forward movement of theory on which the author is to embark. Chapter 4 ...
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... analysis and explanation of jurisprudence reveals a social phenomenon, which I call rights fetishism. A fetish involves the irrational reverencing of a human artefact, and I use rights fetishism in that broad sense. Rights fetishism is ...
... analysis and explanation of jurisprudence reveals a social phenomenon, which I call rights fetishism. A fetish involves the irrational reverencing of a human artefact, and I use rights fetishism in that broad sense. Rights fetishism is ...
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... personality, punishment, precedent and legislation are more specific notions which are frequently examined. In contemporary Jurisprudence, analyses of legal reasoning, rights, obligations, powers, rules and authority stand alongside.
... personality, punishment, precedent and legislation are more specific notions which are frequently examined. In contemporary Jurisprudence, analyses of legal reasoning, rights, obligations, powers, rules and authority stand alongside.
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... analysis, interpretation and adversarial argument within the same conceptual framework, develops its general theories of law or pursues its conceptual elucidations. The only other general observation to be made at this stage about ...
... analysis, interpretation and adversarial argument within the same conceptual framework, develops its general theories of law or pursues its conceptual elucidations. The only other general observation to be made at this stage about ...
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... analysis of dialogic relations between the three texts chosen for study, or to put that another way, analysis of very basic ideas about law which, being shared by the authors of these texts, give some content to the notion of a ...
... analysis of dialogic relations between the three texts chosen for study, or to put that another way, analysis of very basic ideas about law which, being shared by the authors of these texts, give some content to the notion of a ...
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