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Critical Jurisprudence Costas Douzinas

Critical Jurisprudence By Costas Douzinas

Critical Jurisprudence by Costas Douzinas


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Summary

This provocative, engaging and insightful text is essential anyone seeking an alternative account of the jurisprudential tradition.

Critical Jurisprudence Summary

Critical Jurisprudence: The Political Philosophy of Justice by Costas Douzinas

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.

About Costas Douzinas

Costas Douzinas is Professor of Law and Dean of the Faculty of Arts, Birkbeck College, University of London. Adam Gearey is a Senior Lecturer in Law at Birkbeck College, University of London.

Additional information

GOR004372428
9781841134529
184113452X
Critical Jurisprudence: The Political Philosophy of Justice by Costas Douzinas
Used - Very Good
Paperback
Bloomsbury Publishing PLC
2005-09-22
388
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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