By Matthew H. Kramer
ISBN-10: 019826819X
ISBN-13: 9780198268192
ISBN-10: 019926483X
ISBN-13: 9780199264834
ISBN-10: 058536012X
ISBN-13: 9780585360126
This ebook is an uncompromising safety of felony positivism that insists at the separability of legislation and morality. After distinguishing between 3 elements of morality, Kramer explores numerous ways that legislations has been perceived as integrally hooked up to every of these aspects. The e-book concludes with an in depth dialogue of the duty to obey the law--a dialogue that highlights the strengths of criminal positivism within the area of political philosophy up to within the area of jurisprudence.
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Extra resources for In Defense of Legal Positivism: Law without Trimmings
Sample text
It involves historical changes in the very forms of social relations, often contradictory social relations, throughout societies. For example, the relation of patriarchal families and the development of factory capitalism is particularly complex and contradictory. On the one hand, the patriarchal family provided a social and economic base for the development of early capitalist economic enterprises; as such, pre-capitalist social forms provided the social infrastructure for later, capitalist social forms.
Violence then includes sexual, racial and other harassments (unwanted, persistent physical or verbal behaviour of a sexual/racial nature);34 and bullying (exposure 18 Gender, Sexuality and Violence repeatedly and over time to negative actions from one or more persons such that victims have difficulties defending themselves, as well as physical violence. , 1994; Vartia, 1995). A third way is to adopt a broad, socially contextualized understanding of violence as violation. Accordingly, we define violence as those structures, actions, events and experiences that violate or cause violation or are considered as violating.
Connell’s (1993) article, ‘The big picture’, provides an exemplary political sociology of cultural and historical patterns through the lens of gender (see also Connell, 1998). While focusing primarily on the historical construction of men and masculinities, his analysis necessarily addresses broad patterns of gender relations more generally. He emphasizes both the historical domination of, initially, certain European and, later, North American economic and political powers, and the historical variation and specificity of local pre-colonial relations, sexuality and violence.