Download e-book for kindle: An Introduction to Critical Legal Theory by Ian Ward

By Ian Ward

ISBN-10: 185941348X

ISBN-13: 9781859413487

This publication is a entire textual content for either scholars and academics of criminal thought, jurisprudence and comparable topics. It introduces the entire conventional colleges of felony concept, from typical legislations to Positivism to criminal Formalism in addition to a couple of modern and interdisciplinary methods to criminal thought together with legislations and economics, legislation and society, legislations 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, resembling Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers akin to Plato, Kant and Sartre, economists corresponding to Smith, Keynes and Galbraith, social theorists similar to Foucault, Marx and literary theorists resembling Derrida and Fish.

This e-book seeks to excellent the expanding ambition of felony concept to arrive past the slender confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This booklet isn't just a textual content approximately felony 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 severe advent to felony thought, yet an creation to the total ambition of legislation as an highbrow self-discipline.

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Each of the three political transformations testified to the teleological evolution of the political world, towards a more refined politics which expressed the ‘freedom’ of the self and was represented by forms of government asserted as expressions of the ‘moral’ self. The discipline imposed by the Prussian State was, thus, a selfdiscipline imposed by the Prussian people. Political events seemed to vindicate Kant’s teleological account of human politics, as well as his fundamental philosophical belief in the ideas of autonomy and self-assertion.

Because all the communicating selves are moral selves, then the form or idea of the reason can be universal, but the substance – what they actually decide – is contingent or relative to the political situation. The distinction was, of course, precisely that made by Plato and Aristotle. Accordingly, it is the ‘critical faculty which 35 An Introduction to Critical Legal Theory in its reflective act takes account of the mode of reflection of every one else’ (Kant, 1991a, p 151). In these terms, then, judgment is an expressly antimetaphysical faculty.

Most importantly, therefore, Kant had reserved this crucial realm of the moral self, within which was situated a realm of pure rational freedom apart from any experiential realm of political freedom. In Groundwork to the Metaphysics of Morals, Kant sought to develop further this duality of freedom by prescribing a series of ‘maxims’ or duties which were expressions of both immanent 33 An Introduction to Critical Legal Theory reason and experience. The link was crucial, because it meant that duties, of morality and political behaviour, could not be drawn solely from experience.

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An Introduction to Critical Legal Theory by Ian Ward


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