By Douglas, Lawrence; Sarat, Austin; Umphrey, Martha Merrill
ISBN-10: 0804790817
ISBN-13: 9780804790819
ISBN-10: 0804791864
ISBN-13: 9780804791861
The mid-century critique looks to have carried the day, and a trust within the very hazard of utopian achievements seems to be to have flagged within the face of an international marked through political instability, social upheaval, and dreary marketplace realities. rather than mapping out the contours of a well-known terrain, this publication seeks to discover the probabilities of a efficient engagement among the utopian and the felony mind's eye. The e-book asks: is it attainable to re-imagine or revitalize the concept that of utopia such that it might live to tell the tale the phrases of the mid-century liberal critique? then again, is it attainable to re-imagine the idea that of utopia and the speculation of liberal legality so that it will dissolve the plain antagonism among the 2? In charting attainable solutions to those questions, the current quantity hopes to restore curiosity in an essential subject of inquiry too lengthy overlooked by means of either social thinkers and criminal scholars.
Read or Download Law and the utopian imagination PDF
Best legal theory & systems books
Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations
This e-book brings jointly the topics of gender, sexuality, violence and businesses. The authors synthesize the literature and study which has been performed in those fields and supply a coherent framework for figuring out the inter-relationship among those thoughts. the significance of violence and abuse, and especially men's violence to girls, youngsters and different males has been good verified, specially via feminist and a few pro-feminist learn.
The Measure of Injury: Race, Gender, and Tort Law
Tort legislation is the physique of legislations governing negligence, intentional misconduct, and different wrongful acts for which civil activities will be introduced. the normal knowledge is that the principles, thoughts, and buildings of tort legislations are impartial and independent, freed from concerns of gender and race. within the degree of harm, Martha Chamallas and Jennifer Wriggins turn out that tort legislations is something yet gender and race impartial.
Hobbes's political concept provokes a perennial fascination. It has develop into rather popular in recent times, with the surge of scholarly curiosity evidenced through a couple of monographs in political thought and philosophy. while, there was a flip in criminal scholarship in the direction of political conception in a fashion that engages recognisably Hobbesian topics, for instance the connection among defense and liberty.
- Gender, Sexualities and Law
- The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr
Extra resources for Law and the utopian imagination
Example text
Ralph Roybynson (Boston: Bedford, 1999). 10. Martin E. Marty, “‘But Even So: Look at That’: An Ironic Perspective on Utopias,” in Visions of Utopia, ed. Edward Rothstein, Herbert Muschamp, and Martin E. Marty (New York: Oxford University Press, 2003), 63. 11. B. F. Skinner, Walden Two (New York: Macmillan, 1976), 182. 12. More, Utopia, 9. 13. , 11. 14. Plato, The Republic, 197. 15. , 111. 16. Dialogues, 1443–44. 17. Ibid. 18. Skinner, Walden Two, 180. 19. , 243–44. 20. , 244. 21. Karl Popper, “Utopia and Violence,” reprinted in World Affairs 149, no.
Utopian thought is useful precisely because it begins with a basic rejection of how things operate in the contemporary context (and hence helps to make us open to new ideas, new possibilities). Similarly, when we think about utopian thought in terms of legal theory, it helps to anchor and specify the nature of that thought, so that what we think and the ways we think about utopia remain in the service of human actors and actual human situations. ” In this essay I will argue that Benjamin has something critical to offer us about the notion of law, the nature of utopian thought, and, most critically, the intersection between law and utopia.
On the other hand, via his notion of divine violence, also promoted in that essay, he offers a vision of a law-destroying deity that upends and subverts all human contrivances. If law is both the foundation of political authority and also, in its divine manifestation, the undoing of the same, what does this say about our actual practices? What kind of law are we permitted in the face of divine interference? In this section, I will argue that for Benjamin divine interference does not completely undermine law as a human practice; instead—as already suggested—it leaves us with only one law, the Second Commandment against idolatry.