By Ian Ward
This e-book is a accomplished textual content for either scholars and academics of criminal idea, jurisprudence and comparable matters. It introduces all of the conventional colleges of felony conception, from normal legislations to Positivism to felony Formalism in addition to a couple of modern and interdisciplinary techniques to criminal thought together with legislations and economics, legislation and society, legislation and literature, serious felony experiences, feminism, race concept and submit modernism.
In the method of so doing, in addition to introducing the reader to proven jurists, resembling Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers reminiscent of Plato, Kant and Sartre, economists akin to Smith, Keynes and Galbraith, social theorists similar to Foucault, Marx and literary theorists corresponding to Derrida and Fish.
This e-book seeks to ideal the expanding ambition of felony conception to arrive past the slim confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This e-book is not only a textual content approximately felony conception, it's also a textual content which introduces the reader to philosophy, economics, politics, heritage, literature and social thought. It hence presents not only a severe advent to criminal concept, yet an advent to the whole ambition of legislations as an highbrow self-discipline.
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Extra resources for An Introduction to Critical Legal Theory
However, his lectures presented one of the clearest recent articulations of a distinctly Christian and theological foundation for English jurisprudence. The immediate trigger for Devlin’s lectures was the Wolfenden Committee Report of 1958, which recommended the decriminalisation of homosexual acts between consenting adults in private. There was, the Committee resolved, an area of ‘private morality and immorality’ which is ‘not the law’s business’. There can be no doubt that Devlin shared a number of opinions on private sexuality which served to place him firmly within a particular intellectual and historical 24 Identifying Modernism context.
In Questions 92 and 93 of Summa, Aquinas carefully fudged the problem by suggesting that tyrants’ laws were not real laws, but rather a ‘perversion’ of law. But it was still law, and so obedience to it was rational. In Question 96, Aquinas confirmed that there can be such a thing as ‘unjust’ law. Following Aristotle, the matter of justice, as a virtue, is extricated from the of law, which is simply a matter of particular politics. The just law, of course, is law which furthers the ‘common good’, and so the unjust law is that which militates against the community.
A conceptual right is valid if it approximates the formal idea of right. There are two constituent doctrines of right, of ‘public’ and ‘private’ right, and Kant applies the synthetic model to both spheres. Thus, in the sphere of ‘public’ right, an irrational ‘right’ would be a right to harm the community to an extent that oneself was then harmed. Disobeying a sovereign is thus irrational, because the sovereign is defined by the ‘social contract’ effected, in an analogical sense, between the community and that sovereign.
An Introduction to Critical Legal Theory by Ian Ward