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The Critical Legal Studies Movement

The Critical Legal Studies Movement Author Roberto Mangabeira Unger
ISBN-10 9781781683415
Release 2015-03-03
Pages 224
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Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.



Law in Modern Society

Law in Modern Society Author Roberto Mangabeira Unger
ISBN-10 9780029328804
Release 1977-07-01
Pages 309
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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.



What Should Legal Analysis Become

What Should Legal Analysis Become Author Roberto Mangabeira Unger
ISBN-10 1859841007
Release 1996
Pages 198
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Roberto Mangabeira Unger brings together his work in legal and social theory. He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.



Passion

Passion Author Roberto Mangabeira Unger
ISBN-10 9780029331804
Release 1986-05-23
Pages 312
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Examines the modern view of human nature and analyzes the desire to be accepted by other people.



Social Theory

Social Theory Author Roberto Mangabeira Unger
ISBN-10 1844675157
Release 2004
Pages 256
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Social Theory: Its Situation and Its Task is an introduction both to Unger's ideas and to the major debates of contemporary social, political and economic thought. Unger shows how the failures of social science and the criticism of such ambitious, deterministic theories as Marxism offer materials for an alternative practice of social understanding. This alternative severs, once and for all, the link between the explanation of social arrangements and the vindication of their necessity. Unger argues that the disappointment of so many liberal and socialist hopes coexists with unforeseen opportunities to advance progressive commitments. To seize such opportunities, however, we must rethink many of our basic beliefs about society about what it is and what it can become. Social Theory: Its Situation and Its Task shows that what at first seems a circumstance of intellectual and political paralysis turns out to be rich in unrecognized transformative possibility.



Critical Legal Studies

Critical Legal Studies Author Andrew Altman
ISBN-10 0691024677
Release 1993
Pages 206
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Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book- length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book- length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.



The Left Alternative

The Left Alternative Author Roberto Mangabeira Unger
ISBN-10 1844673707
Release 2009
Pages 197
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A manifesto that tackles head-on the question of how the Left should respond to globalization and neoliberalism. Since the major ideological proposals of the past two hundred years fail to address today's problems, where do we go from here? Unger shows that there is a set of national and global alternatives that we can begin to develop with the materials at hand: opportunities available to us only if we learn to recognize them.



Legal Education and the Reproduction of Hierarchy

Legal Education and the Reproduction of Hierarchy Author Duncan Kennedy
ISBN-10 9780814748053
Release 2007-03-01
Pages 223
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Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies.



The Religion of the Future

The Religion of the Future Author Roberto Mangabeira Unger
ISBN-10 9780674729070
Release 2014-04-08
Pages 468
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"A book about religion and a religious work in its own right, it proposes the content of a religion that can survive faith in a transcendent God and in life after death. According to this religion - the religion of the future - human beings can be more human by becoming more godlike, not just later, in another life or another time, but right now, on Earth and in their own lives."--Publishers website



The Partial Constitution

The Partial Constitution Author Cass R. Sunstein
ISBN-10 067465479X
Release 1994
Pages 414
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American constitutional law is at a crossroads. In a major new interpretation of the Constitution, Cass Sunstein offers a clear account of our present dilemmas and shows where we might go from here. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is also partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations--and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role. In light of this analysis, Sunstein proposes solutions to some of the most hotly disputed issues of our time, including affirmative action, sex discrimination, pornography, "hate speech," and government funding of religious schools and the arts. In an especially striking argument, he claims that theequal protection clause of the Fourteenth Amendment--not the right to privacy--protects a woman's right to choose abortion. Sunstein connects these and other debates to the Constitution's historic commitment to public deliberation among political equalsand in doing so, he reconceives many of our most basic constitutional rights, such as free speech and equality under law. He urges that public deliberation about the meaning of the Constitution in turn be freed from a principle of neutrality based on the status quo. His work points to a historically sound but fundamentally new understanding of the American constitutional process as an exercise in deliberative democracy.



Introduction to Sports Biomechanics

Introduction to Sports Biomechanics Author Roger Bartlett
ISBN-10 9781134298730
Release 2007-10-25
Pages 320
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Introduction to Sports Biomechanics has been developed to introduce you to the core topics covered in the first two years of your degree. It will give you a sound grounding in both the theoretical and practical aspects of the subject.



Searching for Contemporary Legal Thought

Searching for Contemporary Legal Thought Author Justin Desautels-Stein
ISBN-10 9781108365222
Release 2017-12-28
Pages
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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.



The Powers of Law

The Powers of Law Author Mauricio García-Villegas
ISBN-10 9781108554220
Release 2018-05-03
Pages 242
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Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio García-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to socio-political legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and socio-legal studies, García-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of socio-political legal studies.



Becoming Critical

Becoming Critical Author Wilfred Carr
ISBN-10 9781135389291
Release 2003-09-02
Pages 260
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First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.



The Critical I

The Critical I Author Norman N. Holland
ISBN-10 9780231076517
Release 1992-01
Pages 262
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Asserting that literary theory needs a dose of common sense, this treatise attacks Saussurean linguistics as outmoded and discredited in its elimination of its subjects. It claims that postmodernist ideas of the individual rest on false linguistic and psychological premises.



The Hollow Hope

The Hollow Hope Author Gerald N. Rosenberg
ISBN-10 0226726681
Release 2008-09-15
Pages 534
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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.



The Jurisprudence of Style

The Jurisprudence of Style Author Justin Desautels-Stein
ISBN-10 9781108601467
Release 2018-02-22
Pages
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In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.