Download An Introduction to Critical Legal Theory by Ian Ward PDF

By Ian Ward

This booklet is a entire textual content for either scholars and lecturers of felony thought, jurisprudence and comparable topics. It introduces the entire conventional colleges of criminal concept, from typical legislation to Positivism to felony Formalism in addition to a couple of modern and interdisciplinary techniques to felony conception together with legislations and economics, legislations and society, legislation and literature, serious felony experiences, feminism, race conception and submit modernism.

In the method of so doing, in addition to introducing the reader to tested jurists, equivalent to Bentham and Hart, Rawls and Durkin, the textual content additionally introduces philosophers comparable to Plato, Kant and Sartre, economists reminiscent of Smith, Keynes and Galbraith, social theorists resembling Foucault, Marx and literary theorists corresponding to Derrida and Fish.

This publication seeks to excellent the expanding ambition of felony concept to arrive past the slender confines of conventional jurisprudence and to re-establish itself in the wider highbrow international. This publication isn't just a textual content approximately criminal concept, it's also a textual content which introduces the reader to philosophy, economics, politics, historical past, literature and social conception. It hence presents not only a severe creation to criminal conception, yet an creation to the full ambition of legislations as an highbrow self-discipline.

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Crucially, unlike natural rights theorists, who located the justification for such constraints in the natural world or theology, Kant located his in the moral self. At once, therefore, this is a ‘right’ of freedom and equality. The ‘principle of innate freedom’, or the free will, inheres an ‘innate equality, that is, independence from being bound by others to more than one can in turn bind them’ (Kant, 1991b, p 63). This is the applied political expression of the ‘categorical imperative’. As he suggested in the Groundwork and The Critique of Practical Reason, the idea of right is defined by ‘duties’.

First, as we shall see in the next chapter, Radbruch fiercely rejected the suggestion that he was either a positivist or a natural lawyer. Secondly, such a critique can be accommodated by the likes of Aquinas or Hooker, and the kind of stringently metaphysical idea of natural law which Hart attacked has never really been advocated by anyone, certainly not since Plato. The second of these points was emphasised by the American jurist, Lon Fuller, in his reply to Hart, entitled ‘Positivism and fidelity to law’.

Thus everything has an idea and a concept, an ideal and an experiential approximation of it. The resemblance between this model, and the Aristotelian idea of form and substance, was not, of course, coincidental. Most importantly, therefore, Kant had reserved this crucial realm of the moral self, within which was situated a realm of pure rational freedom apart from any experiential realm of political freedom. In Groundwork to the Metaphysics of Morals, Kant sought to develop further this duality of freedom by prescribing a series of ‘maxims’ or duties which were expressions of both immanent 33 An Introduction to Critical Legal Theory reason and experience.

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