By Ian Ward
This publication is a complete textual content for either scholars and lecturers of criminal concept, jurisprudence and comparable topics. It introduces the entire conventional faculties of criminal thought, from ordinary legislation to Positivism to criminal Formalism in addition to a few modern and interdisciplinary methods to felony idea together with legislation and economics, legislations and society, legislations and literature, severe felony stories, feminism, race thought and submit modernism.
In the method of so doing, in addition to introducing the reader to tested jurists, corresponding to Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers resembling Plato, Kant and Sartre, economists similar to Smith, Keynes and Galbraith, social theorists equivalent to Foucault, Marx and literary theorists reminiscent of Derrida and Fish.
This e-book seeks to excellent the expanding ambition of criminal thought 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 therefore offers not only a serious advent to felony concept, yet an creation to the total ambition of legislation as an highbrow self-discipline.
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Extra info for An Introduction to Critical Legal Theory
Political issues, those encountered by an individual’s relation to others, are resolved as questions of judgment, of the substantive application of duties to particular situations. This is an ‘aesthetic’ experience, enjoyed by the immanently moral self. The desire to wed the immanent moral self to the contingencies of ‘aesthetic’ experience is finally realised in Kant’s most immediately jurisprudential essay, The Metaphysics of Morals. The most pertinent sections of The Critique of Judgment are numbers 21 and 40, in which Kant addresses the idea of communicative rationality, or, as he terms it, the ‘sensus communis’.
In a fallen world, government must be strong. ’ A sovereign who could not enforce law, as Aquinas acknowledged, was no sort of sovereign at all. The king is the source of all civil authority, and so can hardly be subject to any. Rather, the godly sovereign respects law as a matter of conscience and moral duty. The chances of a sovereign failing to fulfil Aquinas’s expectations were, of course, remote. As he affirmed in Summa Contra Gentiles, nature assures that ‘men of outstanding intelligence naturally take command’ (D’Entreves, 1959, p 51).
Prior to this ‘critical’ project, Kant had been engaged in exploring the limits of science and knowledge. In the Critiques, he concluded that knowledge was limited only by the reason of the self. In 1770, he suggested that a ‘great light’ had ‘dawned’ upon him; that the realms of reason and sense were quite distinct. Thus, against Hume’s assertion that the mind was simply a sponge for experiences and sensibilities, Kant suggested that there was a realm of reason intrinsic to every mind. But, unlike Plato, Aristotle or Aquinas, who had situated this realm within some sort of metaphysical system, natural, political or theological, Kant situated it in the self.