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Critical Legal Theory and Critical Science Studies
Cultural Dynamics, 2000This article is an argument for the integration of the sociological tools of institutional theory with the critical legal studies tradition as a way of reinvigorating critical studies of science and technology. For Marxist, feminist, postcolonial, anti-racist, and anti-homophobic progressive traditions, critical legal studies as scholarship and ...
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Legal Theory and Semiotics: The Legal Semiotics Critical Approach
2012A central theme of the book is the question how to proceed practicing the law when a lawyer has acquired semiotic knowledge and skills. The very same issue is also a direct effect of considering the legal semiotic modus operandi. Semiotic steps in legal work are steps to take in texts. Before lawyers write, they read.
Jan M. Broekman, Larry Catà Backer
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Critical indigenous legal theory
2013Beginning with the understanding that knowledge is empowering (rather than power), the initial chapter begins by grounding the paper in Indigenous methodology and understandings in Neheyiwak (Cree) philosophies, principles and law (Neheyiwak law as home). Researching and detailing the understandings related to Indigenous legal traditions as home allows
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Universal Legal Concepts? A Criticism of “General” Legal Theory
Ratio Juris, 1996Abstract.General theory of law (general jurisprudence,allgemeine Rechtslehre) has often claimed to deal with general or universal concepts, i.e., concepts which are deemed to be common to any legal system whatsoever. At any rate, this is the classic determination of such a field of study as provided by John Austin in the nineteenth century—a ...
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Critical Legal Studies and argumentation theory
Argumentation, 1995Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of ...
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Tunisia and the Critical Legal Theory of Dissensus
Law and Critique, 2012Schmitt insists that the sovereign decision is unavoidable, that even an anarchist is caught in the trap of sovereignty when he tries to ‘decide against decision’. This article begins to think about a critical legal vocabulary that might suspend the necessity of the will to constitute, while emphasising the creativity of the constituent moment.
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Introducing Critical Legal Theory, Rights and Responsibilities
‘The purpose of this chapter is introductory. This is not the introduction to the book but serves as an opportunity to outline many of the ideas and concepts which are unpacked in subsequent chapters. What is critical legal theory? What is a right?
Turner, Ian David
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From Criticism to Construction in Modern Critical Legal Theory
Oxford Journal of Legal Studies, 1992The American Critical Legal Studies Movement stands as the most influential critical movement in law since Legal Realism, already exerting a subtle yet pervasive influence on the direction of scholarship in the Anglo-American legal tradition. Yet alongside the emergence of Critical Legal Studies, there is a proliferation of European Critical Theory of ...
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The Critique of Law: What Is 'Critical' about Critical Legal Theory?
Journal of Law and Society, 1987Critical legal theory is the enfant terrible of contemporary legal studies. It delights in shocking what it takes to be the legal establishment.' Its roots lie in a deep sense of dissatisfaction with the existing state of legal scholarship. These dissatisfactions and grievances are many and varied; some are more concerned with the state of legal ...
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Hauke Brunkhorst’s Critical Theory of Legal Revolutions
Social & Legal Studies, 2014This article sets out a critical response to the recent work of Hauke Brunkhorst. In particular, it raises questions about the theory construction underlying this work, notably the elements of Brunkhorst's theory indebted to historical materialism and systems theory.
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