An Introduction to Critical Legal Theory - download pdf or read online

By Ian Ward

ISBN-10: 185941348X

ISBN-13: 9781859413487

This publication is a complete textual content for either scholars and academics of criminal thought, jurisprudence and comparable topics. It introduces the entire conventional faculties of criminal idea, from average legislations to Positivism to criminal Formalism in addition to a couple of modern and interdisciplinary ways to felony thought together with legislations and economics, legislation and society, legislation and literature, serious felony stories, feminism, race conception and put up modernism.

In the method of so doing, in addition to introducing the reader to tested jurists, comparable to Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers equivalent to Plato, Kant and Sartre, economists corresponding to Smith, Keynes and Galbraith, social theorists reminiscent of Foucault, Marx and literary theorists reminiscent of Derrida and Fish.

This booklet seeks to ideal the expanding ambition of felony idea to arrive past the slim confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This booklet isn't just a textual content approximately criminal concept, it's also a textual content which introduces the reader to philosophy, economics, politics, background, literature and social concept. It therefore offers not only a serious advent to felony conception, yet an advent to the full ambition of legislation as an highbrow self-discipline.

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In reality, the rise of Protestantism, particularly in northern Europe, signalled the end of a unified church, and in the place of institutionalised Catholicism, a multitude of different protestant sects advised the possibility of the individual’s direct communion with God. The mediation of God’s ‘vicar on earth’, the Pope, no longer secured salvation, and in its place was the conscience of the individual moral self. At the same time, the intellectual dynamic behind the Enlightenment was largely sceptical.

At the same time, as an imperative of ‘universal’ application, it was a metaphysics. The individual ‘will’ remained subject to certain laws which, even if drawn from the moral self, were justified by reference to a form of universalism. The Critique of Practical Reason was dedicated to fleshing out this idea of the moral self, defined by a freedom itself constrained only by the ‘categorical imperative’. It is the conclusion to the second Critique which is most instructive. ’ The ‘starry heavens’ may not be fathomable, but the moral law could be.

A ‘commonwealth’ is defined by the immanent relation of church and community, and the distinction between church and State, Hooker affirms, is the mark of ‘heathen’ societies. In these terms, therefore, to rebel against a sovereign is to will the ‘inevitable destruction’ of the community (Hooker, 1989, pp 130–33, 139). The only justification for civil law is to effect the ‘greater good’ of the community and to bind it together. This is the ‘law of the commonwealth, the very soul of a politic body, the parts whereof are by law animated, held together, and set on work in such actions as the common good requireth’ (Hooker, 1989, p 87).

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An Introduction to Critical Legal Theory by Ian Ward

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