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The Critiques of Formal Law-Ascertainment in the Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0004
Subject:
Law, Public International Law, Philosophy of Law

Following the same pattern as the previous chapter, this chapter explores the critiques of formal law-ascertainment first in general legal theory and then in the theory of international law. It ... More


Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Brian Leiter

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.001.0001
Subject:
Law, Philosophy of Law

The author is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic ... More


On the Legal Geography of Ethnocratic Settler States: Notes Towards a Research Agenda

Alexandre (Sandy) Kedar

in Law and Geography

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199260744
eISBN:
9780191698675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260744.003.0020
Subject:
Law, Philosophy of Law

Since the ‘Courts of the Conquerors’ appears to have a complex view regarding how native land becomes subject to dispossession, this chapter attempts to look into observations and assumptions about ... More


Critical Legal Studies

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0014
Subject:
Law, Philosophy of Law

This chapter presents a critical examination of Unger's seminal article and book The Critical Legal Studies Movement, and of its account of legal thought, tested against its account of certain ... More


The Foundations of Formal Ascertainment of International Law: The Social Thesis

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0008
Subject:
Law, Public International Law, Philosophy of Law

Chapter 7 has broached some avenues to revitalize the current law-ascertainment criteria in international law by moving away from intent but did not provide any indication as to the foundations of ... More


Legal Realism Regained: Saving Realism from Critical Acclaim

Wouter de Been

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.001.0001
Subject:
Law, Philosophy of Law

This book presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the ... More


A Tale of Two Movements

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0001
Subject:
Law, Philosophy of Law

This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the ... More


Did Dworkin Ever Answer the Crits?

Jeremy Waldron

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0008
Subject:
Law, Philosophy of Law

This chapter highlights a dilemma for Dworkin arising from tension between his principle of integrity and his constructivism about legal background. A certain critique from the Critical Legal Studies ... More


Critique and Law: The Legacy of the Frankfurt School

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0010
Subject:
Law, Philosophy of Law

What conceptual and methological issues arise in the attempt to develop a sociologically based moral critique of law? In this context, some important ideas of the German scholar Max Horkheimer on the ... More


Legal Theory and Language

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0002
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in ... More


Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Sora Y. Han

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.001.0001
Subject:
Law, Constitutional and Administrative Law

This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic ... More


Critical Legal Studies and the New Stream

Andrea Bianchi

in International Law Theories: An Inquiry into Different Ways of Thinking

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198725114
eISBN:
9780191792533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725114.003.0007
Subject:
Law, Public International Law, Philosophy of Law

The chapter addresses the origins of the Critical Legal Studies movement with a view to reconstructing the conditions for its emergence as a movement of radical reform. The marked political character ... More


Realizing Realism: Reconstruction in Legal Theory

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0008
Subject:
Law, Philosophy of Law

This chapter addresses the question where realism is in need of reconstruction by scholars of critical legal studies (CLS). It begins by discussing the revival of pragmatism and then outlines legal ... More


Critical Legal Studies

Duncan Kennedy

in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.003.0002
Subject:
Law, Legal History

This chapter presents an interview with Duncan Kennedy, the Carter Professor of General Jurisprudence at the Harvard Law School. He is best known for helping to found and promote the critical legal ... More


The Wealth of Historicism: Legal History in the Critical Mold

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0003
Subject:
Law, Philosophy of Law

The critical legal studies (CLS) movement has produced a great deal of historical research and has embraced two aspects of the realist approach to legal history: (1) their recognition of the ... More


Oh, the Tangled Webs We Weave: The Cls Critique of Social Science

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0005
Subject:
Law, Philosophy of Law

Scholars of critical legal studies (CLS) have been severely skeptic on the realist adoption of social science in law, arguing that social science is just as inconclusive and politically loaded as ... More


The World Well Lost: Variations on the Linguistic Theme

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses the understanding of language current in critical legal studies (CLS) theory. It first discusses the way Mark Tushnet and James Boyle have applied the Ludwig Wittgenstein's ... More


Legal History

Morton Horwitz

in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.003.0004
Subject:
Law, Legal History

This chapter presents an interview with Morton Horwitz, the Charles Warren Professor of American Legal History at the Harvard Law School. Professor Horwitz has made major contributions in the field ... More


‘Legal Liberalism’ or Liber et Legalis?

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0015
Subject:
Law, Philosophy of Law

This chapter presents a brief unpublished essay on David Price's critique of Critical Legal Studies (CLS) and defence of ‘legal liberalism’. The latter category, much promoted by Unger and others in ... More


Laboratory Life and the Economics of Science in Law

David S. Caudill

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0011
Subject:
Law, Philosophy of Law

Issuing a bold and, in light of current preoccupations with AIME, untimely call for the continued relevance of Laboratory Life, David Caudill’s chapter realigns the question of Latour’s value for ... More


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