Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

Making use of Kafka's The Trial, this book explores the theory behind modern legal discourse. In order to investigate the subject the author explores a range of questions: how and why does the legal discourse of a modern state conceal the experienced meanings of a non-knower; if one has been harmed, does the legal discourse recognize the harm; does the harm sometimes slip through the juridical categorizations; if recognized, is the harm re-presented through a vocabulary, grammar and gestural style which (...) are familiar to the expert knowers but not to the person harmed? (shrink)

Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading (...) of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative. (shrink)

Edmund Husserl is the founder of phenomenology. The Logical Investigations is Edmund Husserl's most famous work and has had a decisive impact on the direction of twentieth century philosophy. This is the first time both volumes of this classic work, translated by J.N. Findlay, have been available in paperback. They include a new introduction by Dermot Moran, placing the Logical Investigations in historical context and bringing out its importance for contemporary philosophy.

Integrating responses of Nietzsche to the death of God with classic instances of modernist political theory, a constituent parallel is drawn between monotheistic religion and modern law — a parallel in that each matches the other, but a parallel also in that neither ever meets the other. This relation yet differentiation reveals an ontologically challenging modern law that conforms to, yet completely counters, its positivist and instrumental subordinations in modernity.

The first half of the paper shows how the imperial quality of the common law putatively accommodates the demand for legal foundation. The second half takes the Mabo decision as a test of this supposed ability and finds it foundationally wanting. The continuing insistence of the indigenous presence provides the key.

Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) to take characteristic content from it. Finally, the analysis is returned to deliberative politics where the divide found in the literature can now be seen as offering this politics possibilities of effective constitution and distinctive content. (shrink)

Davidson attacks the intelligibility of conceptual relativism, i.e. of truth relative to a conceptual scheme. He defines the notion of a conceptual scheme as something ordering, organizing, and rendering intelligible empirical content, and calls the position that employs both notions scheme-content dualism. He argues that such dualism is untenable since: not only can we not parcel out empirical content sentence per sentence but also the notion of uninterpreted content to which several schemes are relative, and the related notion of a (...) theory ”fitting the evidence’, can be shown to lack intelligibility too. Davidson argues further that belief in incommensurable schemes or non-intertranslatable languages is possible only on violating a correct understanding of interpretability : if we succeed in interpreting someone else then we have shown there is no need to speak of two conceptual schemes, while if we fail ”there is no ground for speaking of two.’. (shrink)

Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposition between identity and non-identity. The soft 'a' refers to the production (...) of differences, and the 'differences between differences'. Derrida calls this preceding moment before metaphysics and before language 'the play of differ ences'. Key Words: Derrida • ethics • legal • phenomenology • semiotics. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

____Specters of Marx__ is a major new book from the renowned French philosopher Jacques Derrida. It represents his first important statement on Marx and his definitive entry into social and political philosophy. "Specter" is the first noun one reads in _The Manifesto of_ _the Communist Party._ But that's just the beginning. Once you start to notice them, there is no counting all the ghosts, spirits, specters and spooks that crowd Marx's text. If they are to count for something, however, one (...) must question the spectropoetics that Marx allowed to invade his discourse. In ____Specters of Marx,__ Derrida undertakes this task within the context of a critique of the new dogmatism and "new world order" that have proclaimed the death of Marxism and of Marx. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

With the disintegration of state socialism, we are witnessing this eruption of enjoymnet in the re-emergence of aggressive nationalism and racism. With the lid of repression lifted, the desires that have emerged are from from democratic. To explain this apparent paradox, says Slavoj Zizek, socialist critical thought must turn to psychoanalysis. For They Know Not What They Do seeks to understand the status of enjoyment within ideological discourse, from Hegel through Lacan to these political and ideological deadlocks. The author's own (...) enjoyment of "popular culture" makes this an engaging and lucid exposition, in which Hegel joins hands with Rossellini, Marx with Hitchcock, Lacan with Frankenstein, high theory with Hollywood melodrama. (shrink)

We are spurred into action by our troubles and fears; but all too often our action fails to address the true causes of our worries. When trying to make sense of our lives, we tend to blame our own failings and weaknesses for our discomforts and defeats. And in doing so, we make things worse rather than better. Reasonable beings that we are, how does this happen and why does it go on happening? These are the questions addressed in this (...) new book by Zygmunt Bauman - one of the most original and perceptive social thinkers writing today. For Bauman, the task of sociology is not to censor or correct the stories we tell of our lives, but to show that there are more ways in which our life stories can be told. By bringing into view the many complex dependencies invisible from the vantage point of private experience, sociology can help us to link our individual decisions and actions to the deeper causes of our troubles and fears - to the ways we live, to the conditions under which we act, to the socially drawn limits of our imagination and ambition. Sociology can help us to understand the processes that have shaped the society in which we live today, a society in which individualization has become our fate. And sociology can also help us to see that if our individual but shared anxieties are to be effectively tackled, they need to be addressed collectively, true to their social, not individual, nature. The Individualized Society will be of great interest to students of sociology, politics and the social sciences and humanities generally. It will also appeal to a broader range of readers who are interested in the changing nature of our social and political life today. (shrink)

A collection of five essays of French philosopher Nancy, originally published in 1985-86: The Inoperative Community, Myth Interpreted, Literary Communism, Shattered Love, and Of Divine Places.

Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

Psyche: Inventions of the Other is the first publication in English of the twenty-eight essay collection Jacques Derrida published in two volumes in 1998 and 2003. Advancing his reflection on many issues, such as sexual difference, architecture, negative theology, politics, war, nationalism, and religion, Volume II also carries on Derrida's engagement with a number of key thinkers and writers: De Certeau, Heidegger, Kant, Lacoue-Labarthe, Mandela, Rosenszweig, and Shakespeare, among others. Included in this volume are new or revised translations of seminal (...) essays (for example, "Geschlecht I: Sexual Difference, Ontological Difference," "Geschlecht II: Heidegger's Hand," "How to Avoid Speaking: Denials," and " Interpretations at War : Kant, the Jew, the German"). (shrink)

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number (...) of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges (...) widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. (shrink)

This question leads the book across the geopolitical and technoscientific space in which the deafening disavowal of Marx is being proclaimed today.

Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and (...) international law. -/- Conklin clearly introduces Hegel's vocabulary and contrasts Hegel's issues and arguments with leading contemporary legal philosophers. The book's originality and interdisciplinary focus open up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, Conklin comments directly on contemporary constitutional and international law and reveals how Hegel's ideas on law stand up in the world today. (shrink)

What calls for thinking about law?; what does it mean to think about?; what is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of very notion and process of thinking has destabilising implications to the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics (...) and morality and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as "essence", "thinking", "language", "truth", and "nearness", come together to indicate the otherness of the essence of law from what is referred to as the "legal". If the essence of law has not yet been thought about, what generates deafness to the call for such thinking, thereby entrenching a refuge for legalism? The ambit of the legal is traced to Levinasian ethics, especially to his notion of otherness, despite such notion being apparently highly critical of the totality of the legal. In entrenching the legal, Levinas' notion of otherness is argued not to reflect thinking which is otherwise than ontology but rather to radicalise a derivative ontology. A call for thinking about law is then connected to Heideggerian ontological-based otherness upon which ethics, one which the essence of law enforces, is grounded. (shrink)