A Critique Of Adjudication Fin De Sicle

Author : Duncan Kennedy
Publisher : Harvard University Press
ISBN 13 : 9780674039520
Total Pages : 436 pages
Book Rating : 4.21/5 ( download)

DOWNLOAD NOW!

Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Author : Duncan Kennedy
Publisher : Harvard University Press
ISBN 13 : 9780674802971
Total Pages : 276 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!

Download or read book Sexy Dressing Etc written by Duncan Kennedy and published by Harvard University Press. This book was released on 1995-08-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kennedy argues that American radicalism is possible and desirable. One base for radical politics is the institutional workplace; another is popular culture (hence, sexy dressing). Kennedy's aim is to wed the rebelliousness, irony, and irrationalism of cultural modernism and postmodernism to the earnestness of political correctness.

Author : Duncan Kennedy
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

Download or read book Legal Reasoning written by Duncan Kennedy and published by . This book was released on 2008 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "Legal reasoning : collected essays includes four essays written over a twenty-year span that present a comprehensive and original account of legal reasoning as done by judges, lawyers, and legal academics. In a work that is likely to become the definitive introduction to critical legal theory by a leading theorist of the critical legal studies movement, the author has been the first to put together in a systematic way the insights of American legal realism with continental phenomenology and semiotics. His version of legal reasoning presents it as "work in a medium" deploying a set of "argument-bites" analogous to the words of a language. The result is simultaneous freedom and constraint. Kennedy then turns his approach to a critique of current European legal theory, with an essay on Hart and Kelsen and another on the approach of the European jurists pre-occupied with "coherence" and with the "European social model" in the current process of harmonization of European law."

Author : Duncan Kennedy
Publisher : NYU Press
ISBN 13 : 0814748058
Total Pages : 231 pages
Book Rating : 4.53/5 ( download)

DOWNLOAD NOW!

Download or read book Legal Education and the Reproduction of Hierarchy written by Duncan Kennedy and published by NYU Press. This book was released on 2007-03 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-known 'underground' classic critique of legal education is available for the first time in book form. This edition contains commentary by leading legal educations.

Author : Wendy Brown
Publisher : Duke University Press
ISBN 13 : 9780822329688
Total Pages : 462 pages
Book Rating : 4.89/5 ( download)

DOWNLOAD NOW!

Download or read book Left Legalism/Left Critique written by Wendy Brown and published by Duke University Press. This book was released on 2002-11-22 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA reader aimed at revitalizing left legal and political critique./div

Author : Tamara Perišin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907262
Total Pages : 256 pages
Book Rating : 4.67/5 ( download)

DOWNLOAD NOW!

Download or read book The Transformation or Reconstitution of Europe written by Tamara Perišin and published by Bloomsbury Publishing. This book was released on 2018-03-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

Author : Christian Joerges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311776
Total Pages : 402 pages
Book Rating : 4.71/5 ( download)

DOWNLOAD NOW!

Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Author : Stefan Grundmann
Publisher : Routledge
ISBN 13 : 1317022181
Total Pages : 384 pages
Book Rating : 4.83/5 ( download)

DOWNLOAD NOW!

Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

Author : Tommaso Soave
Publisher : Cambridge University Press
ISBN 13 : 1009248030
Total Pages : 379 pages
Book Rating : 4.37/5 ( download)

DOWNLOAD NOW!

Download or read book The Everyday Makers of International Law written by Tommaso Soave and published by Cambridge University Press. This book was released on 2022-11-17 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

Author : Bernard E. Harcourt
Publisher : Columbia University Press
ISBN 13 : 0231551452
Total Pages : 730 pages
Book Rating : 4.58/5 ( download)

DOWNLOAD NOW!

Download or read book Critique and Praxis written by Bernard E. Harcourt and published by Columbia University Press. This book was released on 2020-08-11 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical philosophy has always challenged the division between theory and practice. At its best, it aims to turn contemplation into emancipation, seeking to transform society in pursuit of equality, autonomy, and human flourishing. Yet today’s critical theory often seems to engage only in critique. These times of crisis demand more. Bernard E. Harcourt challenges us to move beyond decades of philosophical detours and to harness critical thought to the need for action. In a time of increasing awareness of economic and social inequality, Harcourt calls on us to make society more equal and just. Only critical theory can guide us toward a more self-reflexive pursuit of justice. Charting a vision for political action and social transformation, Harcourt argues that instead of posing the question, “What is to be done?” we must now turn it back onto ourselves and ask, and answer, “What more am I to do?” Critique and Praxis advocates for a new path forward that constantly challenges each and every one of us to ask what more we can do to realize a society based on equality and justice. Joining his decades of activism, social-justice litigation, and political engagement with his years of critical theory and philosophical work, Harcourt has written a magnum opus.