Law, Modernity, Postmodernity

Law, Modernity, Postmodernity

Author: Brendan Edgeworth

Publisher: Routledge

Published: 2019-07-30

Total Pages: 445

ISBN-13: 1351725610

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This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.


Law, Modernity, Postmodernity

Law, Modernity, Postmodernity

Author: Brendan Edgeworth

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781315182582

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"This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state's social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change. The cumulative extent of recent social and legal change also forms the basis of a re-evaluation of some influential neo-evolutionist analyses of the nature of law in the welfare state, such as those of Unger, Teubner, Friedmann, Selznick and Habermas, as well as a critical re-assessment of some contemporary postmodern legal theory."--Provided by publisher.


Law after Modernity

Law after Modernity

Author: Sionaidh Douglas-Scott

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 648

ISBN-13: 1782251200

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How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.


Jurisprudence

Jurisprudence

Author: Wayne Morrison

Publisher: Routledge

Published: 2016-04-08

Total Pages: 732

ISBN-13: 113535281X

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This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.


Organising Modernity

Organising Modernity

Author: John Law

Publisher: John Wiley & Sons

Published: 1993-12-08

Total Pages: 242

ISBN-13: 0631185135

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In this important theoretical and empirical statement John Law argues against the purity of post-enlightenment political and social theory, and offers an alternative post-modern sociology. Arguing in favor of a sociology of verbs, he suggests that power, organizations, mind-body dualisms, and macro-micro distinctions may all be understood as the local performance of recursive modes of social ordering. Drawing on a range of theoretical traditions including actor-network theory, verstehende sociology, and the writing of Michel Foucault, he explores the production of materials - including agents and architectures - and their importance for these modes of ordering. The book, which draws on organizational ethnography to develop its argument, is essential reading for all those interested in social theory, materialism, or the sociology of organizations at the end of the era of high modernity.


Theoretical Criminology from Modernity to Post-Modernism

Theoretical Criminology from Modernity to Post-Modernism

Author: Wayne Morrison

Publisher: Routledge

Published: 2014-12-18

Total Pages: 562

ISBN-13: 1135427011

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This book incorporates many of the exciting debates in the social sciences and philosophy of knowledge concerning the issues of modernity and post-modernism. It sets out a new project for criminology, a criminology of modernity, and offers a sustained critique of theorizing without a concern for social totalities. This book is designed to place criminological theory at the cutting edge of contemporary debates. Wayne Morrison reviews the history and present state of criminology and identifies a range of social problems and large scale social processes which must be addressed if the subject is to attain intellectual commitment. This book marks a new development in criminological texts and will serve a valuable function not only for students and academics but for all those interested in the project of understanding crime in contemporary conditions.


Modernity and Ambivalence

Modernity and Ambivalence

Author: Zygmunt Bauman

Publisher: John Wiley & Sons

Published: 2013-05-08

Total Pages: 450

ISBN-13: 0745638112

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Modern civilization, Bauman argues, promised to make our lives understandable and open to our control. This has not happened and today we no longer believe it ever will. In this book, now available in paperback, Bauman argues that our postmodern age is the time for reconciliation with ambivalence, we must learn how to live in an incurably ambiguous world.


Postmodern Legal Movements

Postmodern Legal Movements

Author: Gary Minda

Publisher: NYU Press

Published: 1996-05-01

Total Pages: 363

ISBN-13: 0814761011

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A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.


International Legal Positivism in a Post-Modern World

International Legal Positivism in a Post-Modern World

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2014-10-06

Total Pages: 555

ISBN-13: 1316062384

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International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.


Wasted Lives

Wasted Lives

Author: Zygmunt Bauman

Publisher: John Wiley & Sons

Published: 2013-04-26

Total Pages: 120

ISBN-13: 0745637159

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The production of ‘human waste’ – or more precisely, wasted lives, the ‘superfluous’ populations of migrants, refugees and other outcasts – is an inevitable outcome of modernization. It is an unavoidable side-effect of economic progress and the quest for order which is characteristic of modernity. As long as large parts of the world remained wholly or partly unaffected by modernization, they were treated by modernizing societies as lands that were able to absorb the excess of population in the ‘developed countries’. Global solutions were sought, and temporarily found, to locally produced overpopulation problems. But as modernization has reached the furthest lands of the planet, ‘redundant population’ is produced everywhere and all localities have to bear the consequences of modernity’s global triumph. They are now confronted with the need to seek – in vain, it seems – local solutions to globally produced problems. The global spread of the modernity has given rise to growing quantities of human beings who are deprived of adequate means of survival, but the planet is fast running out of places to put them. Hence the new anxieties about ‘immigrants’ and ‘asylum seekers’ and the growing role played by diffuse ‘security fears’ on the contemporary political agenda. With characteristic brilliance, this new book by Zygmunt Bauman unravels the impact of this transformation on our contemporary culture and politics and shows that the problem of coping with ‘human waste’ provides a key for understanding some otherwise baffling features of our shared life, from the strategies of global domination to the most intimate aspects of human relationships.