By Ian Ward
This publication is a accomplished textual content for either scholars and academics of criminal idea, jurisprudence and comparable topics. It introduces the entire conventional faculties of criminal concept, from common legislation to Positivism to felony Formalism in addition to a few modern and interdisciplinary ways to criminal conception together with legislation and economics, legislations and society, legislations and literature, serious felony reports, feminism, race concept and put up modernism.
In the method of so doing, in addition to introducing the reader to proven jurists, similar to Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers reminiscent of Plato, Kant and Sartre, economists akin to Smith, Keynes and Galbraith, social theorists reminiscent of Foucault, Marx and literary theorists reminiscent of Derrida and Fish.
This ebook seeks to ideal the expanding ambition of felony idea to arrive past the slender confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This publication is not only a textual content approximately criminal thought, it's also a textual content which introduces the reader to philosophy, economics, politics, heritage, literature and social conception. It hence presents not only a severe advent to felony idea, yet an creation to the complete ambition of legislations as an highbrow self-discipline.
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Extra info for An Introduction to Critical Legal Theory
Although, as we shall see in Chapter 4, Hart’s particular idea of positive law enjoys certain characteristics which distinguish it from such a generalised summary, the extent to which he rejected naturalist speculation could be seen in his essay ‘Positivism and the separation of law and morals’ which triggered the first of these ‘law and morality’ debates. In the essay, Hart clung rigidly to the basic positivist idea that we must ‘distinguish, firmly and with the maximum of clarity, law as it is from law as it ought to be’ (Hart, 1958, p 594).
It is not for ordinary folk to try to decide which laws are unnatural, unjust, or against the will of divine law. As we have already noted, there are no natural rights in Aquinas’s thought, least of all rights of rebellion. Besides, the uninformed, incapable of proper reflection, invariably rebel against the wrong sovereigns. Nature prescribes the good order of the community, and that is not served by popular insurrection against sovereigns, no matter how tyrannical they might be. Moreover, history further showed that rebellion merely makes tyrants more tyrannical (D’Entreves, 1959, pp 15–17).
This is the reason constituted by the interaction of the moral selves which make up the community. It is not an absolute rationality, but is, rather, a rationality fashioned by the community. In other words, it is reason constructed by people as they live together. Because all the communicating selves are moral selves, then the form or idea of the reason can be universal, but the substance – what they actually decide – is contingent or relative to the political situation. The distinction was, of course, precisely that made by Plato and Aristotle.
An Introduction to Critical Legal Theory by Ian Ward