Radical Philosophy of Law

by CAUDILL, DAVID S.

• ISBN13: 9781573924948
• ISBN10: 1573924946
• Format: Hardcover
• Copyright: 1995-02-01
• Publisher: Humanities Press

Summary

Represents a cross section of contemporary critiques of the legal establishment -- its theoretical foundations and its institutions and processes. Recognising that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognising, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism.

Table of Contents

Preface and Acknowledgments
Introduction: Philosophy with a Focus
The Legacy of Marxist Jurisprudence	p. 3
The Analytic Defense of Functional Marxism and Law	p. 32
Postmodern Law and Subjectivity: Lacan and the Linguistic Turn	p. 38
Re-returning to Freud: Critical Legal Studies as Cultural Psychoanalysis	p. 45
A Theory of Social Injustice	p. 54
Feminist Legal Critics: The Reluctant Radicals	p. 73
Rethinking the Language of Law, Justice, and Community: Postmodern Feminist Jurisprudence	p. 88
The Marxian Critique of Criminal Justice	p. 111
Legitimation Crisis in Contract Law: A Test Case for Critical Legal Studies and Its Critics	p. 140
Constituting the Modern State: The Supreme Court, Labor Law, and the Contradictions of Legitimation	p. 162
The Chaotic Indeterminacy of Tort Law: Between Formalism and Nihilism	p. 179
Perversions of Justice: Examining the Doctrine of U.S. Rights to Occupancy in North America	p. 200
Marriage, Law, and Gender: A Feminist Inquiry	p. 221
Disembodiment: Abortion and Gay Rights	p. 234
Hate Speech, Freedom, and Discourse Ethics in the Academy	p. 255
Notes	p. 272
Contributors	p. 333
Index	p. 335
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