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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Contents
THINKING ABOUT JURISPRUDENCE AS IDEOLOGY | 1 |
1 A REALIST CONCEPT OF IDEOLOGY | 15 |
2 THREE CONCEPTS OF LAW | 31 |
3 TRADITION AGREEMENT AND ARGUMENT IN JURISPRUDENCE | 57 |
THE LEGAL CONSTRUCTION OF OBJECTIVITY | 78 |
5 RIGHTS FETISHISM | 99 |
THE EXCLUSION OF STANDPOINT | 118 |
STANDPOINT RELATIVITY AND THE VALUE OF LAW | 138 |
Notes | 144 |
149 | |
155 | |
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Common terms and phrases
abstract acceptance according action activity actual analysis answer appears argues argument assumption authority basic becomes chapter claim commodity concept concerned consider constituted construction context critical culture debate dimensions discourse distinct doctrinal Dworkin economic equality example existence fact feminist Finnis formulated further give given grounds groups hand Hart Hart’s human idea ideology individuals institutions internal point interpretive involves judges Jurisprudence justice justified kind knowledge labour law’s lawyers legal practices legal system liberal Marx material matter meaning method moral natural law negative neutral norms notion object obligation participants particular persons philosophical point of view political position possible principles problem production question realist reason reference requirements rights fetishism rules sense social practices social reality social relations society specific standpoint structure suggest texts theory things thought tradition true truth understanding universal