1-8 of 8 Results

  • Keyword: postmodernism x
Clear all

Chapter

Many of the theories discussed in the previous chapters neglect or even ignore the position of women in society, and how they are treated by the law, the legal system, and other aspects of social, economic, and political life. Feminist writers have, in various ways, sought to correct this imbalance or prejudice. This chapter examines several key elements of feminist legal theories, and explores the origins of feminism; legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism) and their impact on legal philosophy. It discusses the enormous literature on the subject, and its criticism of conventional jurisprudence.

Chapter

While orthodox legal theory has purported to be gender-blind, it often neglects or in some instances even ignores the position of women. This silence has been criticized by feminist theorists who have placed discrimination against, and the subordination of, women firmly on the jurisprudential agenda. It is a development that has had an enormous impact on legal education. It extends also to almost every branch of the law and legal system. This chapter examines the key elements of feminist legal theory, including the following: the origins of feminism; and legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism).

Chapter

J. E. Penner and E. Melissaris

This chapter first distinguishes between the modern and the postmodern conditions or eras with reference to the work by Jean François Lyotard, and then discusses two fundamental ideas underpinning modern law and legal theory: the rational and autonomous subject; and the clarity and objectivity of meaning of the legal text. Drawing on Michel Foucault and Jacques Derrida, it shows how postmodern thought questions these foundations of modernity, and, finally, discusses the practical significance of postmodern jurisprudence: its ability to provide answers to pressing questions of law and justice.

Book

Understanding Deviance provides a comprehensive guide to the current state of criminological theory. It outlines the principal theories of crime, deviance, and rule-breaking, discussing them chronologically, and placing them in their European and North American contexts considering major criticisms that have been voiced against them, and constructing defences where appropriate. The volume has been revised and brought up-to-date to include new issues of crime, deviance, disorder, criminal justice, and social control in the early twenty-first century. It considers new trends in criminological theory such as cultural criminology and public criminology, further discussion of how post-modernism and the ‘risk society’ is reformulating crime and deviance, and an assessment of how different approaches address the fall in crime rates across most democratic and developed societies. There is also a new chapter on victimology.

Book

James Penner and Emmanuel Melissaris

Fully updated and revised McCoubrey & White’s Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular it centres around one of the leading theorists, H. L. A. Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas that influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Thomas Hobbes, Immanuel Kant, and John Rawls. Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course. New to this fifth edition are: substantial revision of Part 1: Theories of the Nature of Law; discussion of philosophical issues in law, featuring three new chapters: The Building Blocks of Law: Norms and their Nature; Governing and Obedience; and Law and Adjudication; chapters on the political and legal philosophies of Hobbes, Kant, and Rawls; and substantial revision of the chapters on Marxism and postmodern legal theory.

Chapter

Critical legal theory rejects what is generally regarded as the natural order of things, be it the free market (in the case of Critical Legal Studies), ‘meta-narratives’ (postmodernism), the conception of ‘race’ (Critical Race Theory), and patriarchy (in the case of feminist jurisprudence). Critical legal theorists share a profound scepticism about many of the questions that have long been regarded as at the core of legal theory. This chapter touches on the first three of these movements. It first discusses the development of critical legal studies and then turns to postmodern legal theory, considering the views of Jacques Lacan, Jacques Derrida, Michel Foucault, and Jürgen Habermas. It then outlines the principal claims of Critical Race Theory (CRT), and considers the relationships between CRT and feminist theory and CRT and postmodernism.

Chapter

All critical legal theorists share a deep cynicism about many of the important questions of legal theory. Fundamentally they reject many of the assumptions of both the legal and political order: for example, the free market, ‘meta-narratives’, and male or racial domination. This chapter first discusses the development of critical legal studies and then turns to postmodern legal theory, considering the views of Jacques Lacan, Jacques Derrida, Michel Foucault, and Jürgen Habermas. It then goes on to outlines the principal claims of critical race theory (CRT). It also considers the relationships between CRT and feminist theory and CRT and postmodernism.

Chapter

This chapter examines recent developments in the sociology of crime and deviance, with particular reference to the criticisms that have been hurled against it, as well as the emergence of alternative theories. It assesses the value of the major theories covered in this book in terms of prescience and explanatory rigour, along with the extent to which the approach has benefited from and contributes to allied fields. It considers the acceptance of the premise that crime and deviance were problematic, rather than immanent, properties of social conduct. This is followed by a discussion of ‘left realism’ and ‘right realism’ and an analysis of radical criminology, post-modern criminology, strain theory, labelling theory, control theories, radical theory, and cultural criminology. It concludes with a discussion of the need to put local concerns in global perspective with threats ranging from terrorism and narco-violence to state corruption, climate change, energy insecurities, and pandemic diseases.