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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... negative and positive meanings. The careful distinction enables her to integrate postmodern insights into a postmarxian argument, and re-emerges at the end of the text to form part of her discussion of the contradictory forms of value ...
... negative and positive meanings. The careful distinction enables her to integrate postmodern insights into a postmarxian argument, and re-emerges at the end of the text to form part of her discussion of the contradictory forms of value ...
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... of view and they are all concerned to show law's legitimacy. This, then, gives in broad outline the paradigm which is analysed in this study as a form of ideology. Ideology in its Neutral and Negative Senses Analysis of common.
... of view and they are all concerned to show law's legitimacy. This, then, gives in broad outline the paradigm which is analysed in this study as a form of ideology. Ideology in its Neutral and Negative Senses Analysis of common.
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... negative sense. Ideology in its neutral sense encompasses more or less complete systems of ideas produced in societies whose basic social relations are relations of material inequality. By social relations of material inequality, I mean ...
... negative sense. Ideology in its neutral sense encompasses more or less complete systems of ideas produced in societies whose basic social relations are relations of material inequality. By social relations of material inequality, I mean ...
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... negative sense it must be trying to find something out. The other thing is that it must be aware that at the very moment of finding, the context changes. One way of saying that is to say that a new horizon of knowledge and understanding ...
... negative sense it must be trying to find something out. The other thing is that it must be aware that at the very moment of finding, the context changes. One way of saying that is to say that a new horizon of knowledge and understanding ...
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... negative forms. A realist will construe this task as undertaking to 'trace the way in which reality appears' (Barker 1985:14). He or she will take account of Poulantzas' observation that '...ideology has the precise function of hiding ...
... negative forms. A realist will construe this task as undertaking to 'trace the way in which reality appears' (Barker 1985:14). He or she will take account of Poulantzas' observation that '...ideology has the precise function of hiding ...
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