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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... rules which can be impartially applied, is the best possible means of stopping a war of all against all. Others ... rule of law is disjoined from rule by men. However true it is that jurisprudence has the overall purpose of persuading ...
... rules which can be impartially applied, is the best possible means of stopping a war of all against all. Others ... rule of law is disjoined from rule by men. However true it is that jurisprudence has the overall purpose of persuading ...
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... rules. What seems to happen is that these general rules somehow cast loose their moorings as deliberately formulated standards for human action and float off to constitute a realm of the sacred. From within this realm, the mundane ...
... rules. What seems to happen is that these general rules somehow cast loose their moorings as deliberately formulated standards for human action and float off to constitute a realm of the sacred. From within this realm, the mundane ...
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... judges disagreed, the point went unanswered (Baker 1985). Within the new paradigm, the idea that legal questions had to be answered and a consequent objectification of legal doctrines as statable in the form of rules and.
... judges disagreed, the point went unanswered (Baker 1985). Within the new paradigm, the idea that legal questions had to be answered and a consequent objectification of legal doctrines as statable in the form of rules and.
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Valerie Kerruish. legal doctrines as statable in the form of rules and principles strengthened. Ideas of the social as explicable in terms of individuals' contracting or internalising norms of reciprocity emerged more or less ...
Valerie Kerruish. legal doctrines as statable in the form of rules and principles strengthened. Ideas of the social as explicable in terms of individuals' contracting or internalising norms of reciprocity emerged more or less ...
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... 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.
... 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.
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