By Ian Ward
This publication is a accomplished textual content for either scholars and lecturers of criminal thought, jurisprudence and similar matters. It introduces the entire conventional colleges of felony concept, from normal legislations to Positivism to felony Formalism in addition to a couple of modern and interdisciplinary techniques to criminal concept together with legislation and economics, legislation and society, legislation and literature, serious criminal reviews, feminism, race concept and put up modernism.
In the method of so doing, in addition to introducing the reader to validated jurists, reminiscent of Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers corresponding to Plato, Kant and Sartre, economists akin to Smith, Keynes and Galbraith, social theorists resembling Foucault, Marx and literary theorists akin to Derrida and Fish.
This e-book seeks to excellent the expanding ambition of criminal thought to arrive past the slim confines of conventional jurisprudence and to re-establish itself in the wider highbrow global. This publication isn't just a textual content approximately criminal conception, 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 thought, yet an creation to the complete ambition of legislation as an highbrow self-discipline.
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Extra resources for An Introduction to Critical Legal Theory
Moreover, as no society can exist without such a historically determined political morality, the duty of a judge lies in enforcing the law as determined in the light of such moral principles (Devlin, 1965, pp 9–10, 15, 77–83, 94). The fact that society has the ‘right to make a judgment’ about certain moral issues is the ‘price’ of living in communities. A common morality, founded on theological precepts, 25 An Introduction to Critical Legal Theory or indeed any other, fashions a ‘common agreement about the way we should go’ (Devlin, 1965, p 120).
It was such a vision of social construction that led Devlin to assert that marriage was a public as much as a private institution, one which should be encouraged by society as an alternative against extra-marital relations. Marriage may not now be a ‘sacrament’, but it does represent a ‘sacred’ commitment, made by individuals not just to each other but to their community. Thus, although there was no metaphysical necessity for natural law, as a matter of historical reality, English law must be understood in the context of its particular, distinctly theological jurisprudence.
It realised the long held ambition to present a comprehensive critical legal and political theory, whilst articulating, in coherent form, the varied political expressions contained in the three Critiques. Central is the systematic relation between ideas and concepts, most particularly that between the idea of freedom, as found within the moral self, and the concept, as experienced by the Enlightenment. Such a ‘metaphysics’ is found ‘within’ each and ‘every man’. The ‘metaphysics of morals’, therefore, lies solely within the moral self (Kant, 1991b, pp 44–45).