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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... is, of all social institutions, the one which embodies the ideals and procedures of and for that well-being. The claim of law's innocence is ideological. It is made Introduction: Thinking about Jurisprudence as Ideology.
... is, of all social institutions, the one which embodies the ideals and procedures of and for that well-being. The claim of law's innocence is ideological. It is made Introduction: Thinking about Jurisprudence as Ideology.
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... institutions, 'law' as a term denoting a unitary object can only refer to an idea. It is supported by the knowledge, technique and organisation of the legal profession, and the discipline within which the claim is made, explained and ...
... institutions, 'law' as a term denoting a unitary object can only refer to an idea. It is supported by the knowledge, technique and organisation of the legal profession, and the discipline within which the claim is made, explained and ...
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... institutions and practices which are different in kind from the benefits, real or imagined, which law might be thought to confer on others. For members of the legal profession and the judiciary, law is satisfying work, a salary or wage ...
... institutions and practices which are different in kind from the benefits, real or imagined, which law might be thought to confer on others. For members of the legal profession and the judiciary, law is satisfying work, a salary or wage ...
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... institutions where the principal educational objective has been to educate and train for the practising profession.2 Here it has traditionally been taught as a 'theoretical' subject as distinct from a 'practical' or doctrinal one. It ...
... institutions where the principal educational objective has been to educate and train for the practising profession.2 Here it has traditionally been taught as a 'theoretical' subject as distinct from a 'practical' or doctrinal one. It ...
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... institutions. A particular understanding of ideology is necessary for doing that and so, in the context of law, is the idea of rights fetishism. The. Basic. Contours. of. Rights. Fetishism. Rights fetishism is actual. It is not a matter of ...
... institutions. A particular understanding of ideology is necessary for doing that and so, in the context of law, is the idea of rights fetishism. The. Basic. Contours. of. Rights. Fetishism. Rights fetishism is actual. It is not a matter of ...
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