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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... Chapter 4 deals with the legal construction of objectivity, and demonstrates the fallacies and the inadequacies of this internalist enterprise. This chapter may be paired with Chapter 5, which elaborates a concept of the fetishisation ...
... Chapter 4 deals with the legal construction of objectivity, and demonstrates the fallacies and the inadequacies of this internalist enterprise. This chapter may be paired with Chapter 5, which elaborates a concept of the fetishisation ...
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... chapters lead us further into a knowledge of how a progressive law may be possible. The most crucial new conception here is the distinction between points of view and standpoint. Standpoints are relational and shape the ways in which we ...
... chapters lead us further into a knowledge of how a progressive law may be possible. The most crucial new conception here is the distinction between points of view and standpoint. Standpoints are relational and shape the ways in which we ...
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... Chapter 2 gives an account of three concepts of law elaborated within it. Chapter 3 considers questions of method and identifies issues of agreement and argument in Jurisprudence by considering the dialogic and adversarial relations ...
... Chapter 2 gives an account of three concepts of law elaborated within it. Chapter 3 considers questions of method and identifies issues of agreement and argument in Jurisprudence by considering the dialogic and adversarial relations ...
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... Chapter 1 makes such a proposal. It proposes that 'ideology' be understood as having both a neutral and a negative sense. Ideology in its neutral sense encompasses more or less complete systems of ideas produced in societies whose basic ...
... Chapter 1 makes such a proposal. It proposes that 'ideology' be understood as having both a neutral and a negative sense. Ideology in its neutral sense encompasses more or less complete systems of ideas produced in societies whose basic ...
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... Chapters 3 and 4 respectively. My argument is basically that justification of the standards of behaviour thought to be set by legal rules, principles or judgments is inherent in the legal or internal point of view and relies on its ...
... Chapters 3 and 4 respectively. My argument is basically that justification of the standards of behaviour thought to be set by legal rules, principles or judgments is inherent in the legal or internal point of view and relies on its ...
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