This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

First published in 1999, this volume explores the nature of adjudication in the common law tradition from a feminist postmodernist perspective. The author accepts and celebrates the 'choices' open to the judge and argues that without choice, judgment cannot be properly judicial. The first full length feminist exploration of the role of the judge and the nature of law and legality, To Speak as a Judge is grounded in the process of adjudication and its rhetorical nature. It draws upon significant (...) contemporary cases to explore the narrativity of law and the ways in which rhetoric and judicial understandings of the nature of law determine narrative style. (shrink)

Though the overall numbers of women judges remain small, higher proportions of women have been appointed to many lower courts in common law, and particularly in civil law, countries. This paper investigates whether the experiences of judging and judicial work differ among women and men magistrates in Australia’s lower courts. The particular focus is satisfaction with their work as judges. In so doing, it helps build up a picture of the extent of the gendered nature of the judiciary as an (...) occupation. Measures of overall job satisfaction identify few gender differences; more refined measures highlight areas of divergence between men and women magistrates, suggesting gendered experiences of judicial work which result from particular characteristics of the occupation, as presently constituted, rather than the nature of judging itself. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, deconstruction, feminism (...) and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover. (shrink)

Ever since feminist theory introduced the distinction between sex and gender, the question of what it means to be a woman has preoccupied feminist thought. In ____Gender__ ____Trouble ____ Judith Butler questions whether it is possible to "be" a woman at all or, for that matter, any gender.

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a reiterated (...) social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

Deconstruction both by its friends and enemies has come to be associated with a set of cliches that completely misunderstands its ethical aspiration. It is particularly within the field of law that we can see the ethical force of deconstruction, and also illuminate its concrete and practical importance. In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow (...) us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell explores the ethical and juridical significance of the so-called postmodern rebellion against metaphysics. A shared ethical rebellion links philosophers as different as Theodor Adorno, Jacques Derrida, Jacques Lacan, and Emmanuel Levinas. Together they present a new ethical configuration, new in its difference from both the critical social theory of J$u$urgen Habermas and the analytic jurisprudence of Nagel and Rawls. A key aspect of this newness is the centrality given to the relationship between questions of ethics and sexual difference. Cornell argues that the appeal of Lacan's analysis to feminists is that it helps to explain the profound hold the gender hierarchy has over Western culture, including its theories of political transformation. Under a Lacanian analysis the law of gender identity will be replicated in the laws of an existing legal system. This means that we cannot hope to sustain legal reforms unless the gender hierarchy is challenged. Cornell examines Derrida's position on the significance of the gender hierarchy in philosophy and explores its ethical and political importance. Derrida's intervention against legal positivism has important implications for the legal reforms necessary to protect marginalized groups. His emphasis on the limit, she argues, is crucial to thosewhose well-being and very lives may depend on legal transformation, women and homosexuals, for example. In an important contribution to legal philosophy, Cornell explores the affinities of Derrida's writings with recent liberal analytic jurisprudence. She also explores the differences. Comparing Rawls's and Derrida's accounts of justice, she argues that Derrida gives greater attention to the necessary utopian moment in his insistence on maintaining the divide between law, established norms, and justice. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both critical social theory and analytic jurisprudence. As we watch the long-fought-for civil rights of women systematically overturned, we have reason to think about how the connections she makes shed light on an underlying truth of our social, political, and legal reality. (shrink)

The book's two essays, 'Limited Inc.' and 'Signature Event Context, ' constitute key statements of the Derridean theory of deconstruction. They are perhaps the clearest exposition to be found of Derrida's most controversial idea.

The notorious French philosopher, literary critic and film star First translated in 1983, Dissemination contains three of Derrida's most central and seminal works: 'Plato's Pharmacy', 'The Double Session' and 'Dissemination'. The essays provide original readings of philosophy and literature, and present a re-evaluation of the logic of meaning and the function of writing in Western discourse. This is a groundbreaking work on the relationship and interplay between language, literature and philosophy.

Contemporary feminist debates over the meanings of gender lead time and again to a certain sense of trouble, as if the indeterminacy of gender might eventually culminate in the failure of feminism. Perhaps trouble need not carry such a..