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Educating Oneself in Public: Critical Essays in Jurisprudence
Michael S. Moore
Manufacturer: Oxford University Press, USA
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Binding: Hardcover
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ASIN: 0198268793 |
Book Description
The eleven essays in Educating Oneself in Public: Critical Essays in Jurisprudence constitute an education in the Anglo-American jurisprudence of the second half of the twentieth century. The book examines both the thought of major figures such as H. L. A. Hart, Joseph Raz, Ronald Dworkin, Lon Fuller, and Richard Rorty, and the general themes of major movements such as legal realism, post-modernism, and pragmatism. Despite this focus on the thoughts of others the book is not a survey but is a critical probing of particular ideas often attributed to such figures. Detailed depth of understanding is sought about: Hart's conception of a `general jurisprudence' that describes law in general; Dworkin's conception of an `internal jurisprudence' that interprets the concept of law of our legal culture; Fuller's ideal of a `functional jurisprudence' that seeks the essence of law in the values it serves; the place of rules in legal and moral reasoning; Raz's idea that laws give `exclusionary reasons' to legal actors subject to such laws; how judges should reason, according to the legal realists; whether there are right answers to all disputed law cases; whether behind the obvious law of legal rules there can exist an unobvious law of legal principles; Finnis's conception of the common good as the function law uniquely serves; in what sense law practice and legal theory are interpretive activities; whether all knowledge, or some discrete realm of knowledge, is peculiarly interpretive in character. Michael Moore's views on each of these topics are detailed and original, even if the springboards for each discussion are the writings of those who introduced such topics into modern discussions. The introductory chapter includes responses by many of the figures examined in the other essays, together with the author's rejoinders.
Book Description
More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? If women were regarded as human, would they be sold into sexual slavery worldwide; veiled, silenced, and imprisoned in homes; bred, and worked as menials for little or no pay; stoned for sex outside marriage or burned within it; mutilated genitally, impoverished economically, and mired in illiteracy--all as a matter of course and without effective recourse?
The cutting edge is where law and culture hurts, which is where MacKinnon operates in these essays on the transnational status and treatment of women. Taking her gendered critique of the state to the international plane, ranging widely intellectually and concretely, she exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation. And she points toward fresh ways--social, legal, and political--of targeting its toxic orthodoxies.
MacKinnon takes us inside the workings of nation-states, where the oppression of women defines community life and distributes power in society and government. She takes us to Bosnia-Herzogovina for a harrowing look at how the wholesale rape and murder of women and girls there was an act of genocide, not a side effect of war. She takes us into the heart of the international law of conflict to ask--and reveal--why the international community can rally against terrorists' violence, but not against violence against women. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.
Customer Reviews:
Freedom TO or freedom FROM?.......2007-09-29
Catherine MacKinnon is back, and she's still fighting the good fight. Like her deceased colleague Andrea Dworkin, a much more obstreperous feminist, MacKinnon came out of the Sixties with a grounding in Marxism, all the better to give her feminist militancy a historical perspective. Here she gives Aristotle's conception of equality ("if men don't need it, women don't get it") the boot. Postmodernist cuties receive their caustic due, too (and it's refreshing to see someone finally point out that the poststructuralist stance is actually cribbed from M+E). 'Free speech' liberals, multicultural apologists and essentialist feminists also get a taste of the lash. So-called Human Rights charters, treaties, declarations and proponents are treated to a megablast of deconstruction. But, in the main, MacKinnon is after the REAL criminals, and, as always, her argument is acute and tenacious.
As she sees it, pornography and prostitution are the same (rendering conflicting US laws, however ineffectual, against only one ridiculous) and are sustained upon gender inequality - in turn perpetuated by economic oppression. It is here MacKinnon's push for CIVIL instead of (old-same-old) CRIMINAL action provides women a fighting chance to hit their oppressors back. "Sexualization of inequality" is MacKinnon's primary target, reaching all the way to the horror of Serbian rape atrocities, where "pornography emerges as a tool of genocide." (We must wonder what free rein US troops 'enjoy' in Iraq.) From there, MacKinnon notes, in the wake of 9/11, how almighty forces of 'justice' can be unleashed upon evildoers who attack civilians (buildings, really) but not unleashed to protect women, thousands of whom die every year - year after year - at the hands of their so-called 'natural' protectors, men.
And yes, MacKinnon still quotes Dworkin.
SUPERB!.......2007-07-22
MacKinnon is a force of nature, ruthlessly brilliant and uncompromising. Are Women Human? shimmers in its breadth and force.
Book Description
Richard Susskind is one of the world's leading experts on the application of information technology in the legal field, and an independent consultant to the government, private sector law firms and industry. His previous books, Expert Systems in Law (OUP, 1987) and The Future of Law (OUP, 1996), have both served to set the agenda for the serious discussion of the subject. This new volume features major new essays that analyse where the legal marketplace and community has now got to in applying and responding to the new technological possibilities, and examines the key issues that must now be tackled (in particular knowledge management and electronic commerce). It also includes eleven of Richard Susskind's most important past essays, on the legal application of IT, each updated to make clear their continued relevance to law and justice today.
Customer Reviews:
A young father for Legal Technology.......2006-07-19
If you want to know what is happening in the Legal Technology field, please read this book.
A prescient analysis of where law will soon be.......2002-03-13
What impact is the Internet revolution having on the practice of law? If you read most mainstream legal publications you would think the answer is very little. Or you might sense that most of the change has occurred already. Richard Susskind understands the larger forces that are going to dictate how law is practiced in the immediate future. His explanation is cogent, well thought-out, and compelling.
The idea that market forces will compel lawyers to provide better services to a larger class of people at a lower cost is not something that most lawyers want to hear. Of course, travel agents didn't want to hear that people were going to start booking their own travel online either (same with stock brokers).
If you have read and enjoyed the Cluetrain Manifesto then check this book out, even if you only have a passing interest in the law. If you are a lawyer and expect to be practicing for another ten years then to ignore the ideas expressed in Susskind's book is dangerous.
Masterful Insights Into Legal Tech Strategies.......2001-06-10
This wonderful book is very different from most legal technology books, which concentrate on tactics: which word processor to choose, which case management system is best, how to secure an intranet. This book concentrates instead on the strategic implications of new technology, especially the Internet, on the legal profession.
One of the highlights of the book is helping lawyers understand why large accounting/consulting firms are a threat, and how lawyers can compete more effectively. The book is also good at showing ways to do what consultant Tom Peters has called "baking a new pie." Instead of merely competing more intensely for known existing markets, create a new market that you will dominate.
This is the most important book I have ever read about the impact of technology on law firms.
Jerry Lawson, Author of The Complete Internet Handbook for Lawyers (ABA 1999)
Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society’s view about the relative importance of the errors that can occur in a trial.
Book Description
Written by leading scholars, these case studies represent an unprecedented attempt to analyze the role of the law in the global movement for social justice. They combine empirical research with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle on the anti-sweeping movement for the protection of international labor rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world.
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Precedents, Statutes, and Analysis of Legal Concepts (Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars)
Scott Brewer
Manufacturer: Routledge
ProductGroup: Book
Binding: Library Binding
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ASIN: 0815326564 |
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Reasoning with Rules: An Essay on Legal Reasoning and its Underlying Logic (Law and Philosophy Library)
Jaap Hage
Manufacturer: Springer
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Binding: Hardcover
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ASIN: 0792343255 |
Book Description
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
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Rethinking Evidence: Exploratory Essays (Law in Context)
William Twining
Manufacturer: Cambridge University Press
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Binding: Paperback
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Analysis of Evidence (Law in Context)
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Foundations of Evidence Law
ASIN: 0521675375 |
Book Description
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Book Description
"He is a remarkably skillful interpreter of the positivist legal philosophers and probably the most stimulating current contributor to discussion of the issues they raised."--Thomas Morawetz in Ethics. Joseph Raz examines here the nature of law and its relations to morality, concentrating on the issue of the proper moral attitude of a citizen towards the law of his country. A discussion of the concept of legitimate authority is followed by a detailed explanation and defense of the legal positivist's approach to law. Within this framework the author examines several areas where legal analysis is often thought to be penetrated by moral values, particularly the social functions of the law, judicial creativity, and the ideals of the rule of law.
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Inland Fishery Enhancements (Fao Fisheries Technical Paper,)
Fao
Manufacturer: Food & Agriculture Organization of the UN (FA
ProductGroup: Book
Binding: Paperback
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ASIN: 9251041385 |
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- Corporations and Business Associations Statutes, Rules and Forms, 1999 Edition
- Criminal Behavior Systems: A Typology
- Criminal Law and Procedure: Cases and Materials
- Criminal Procedure, Keyed to Weaver (Casenote Legal Briefs)
- Critique and Radical Discourses on Crime (Advances in Criminology)
- Defamation Via Satellite a European Perspective
- Der verdrängte Finanznotstand: Zur finanzpolitischen Verantwortlichkeit von Parlament und Regierung sowie zur Rolle des Bundes als Hüter der finanzwirtschaftlichen Souveränität
- Diccionario de Terminos de Marketing, Publicidad y Medios de Comunicacion / Dictionary of Marketing, Publicity, and Media Terms (Ariel Referencia)
- Disclosing tilt: Law, belief, and criticism
- Discoveries: Gaudi: Visionary Architect (Discoveries (Abrams))
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