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Law after modernity

By: Contributor(s):
Publication details: London Hart Publishing 2013Description: 413pISBN:
  • 9781841130293
Subject(s): DDC classification:
  • 340.100000 SCO
Contents:
Table of contents 1. Introduction: Beyond the 'Degree Zero' of Law after Modernity; Jurisprudentia; Law and the Image; 'Modernity'; 'After' Modernity; 'Law'; Beyond the 'Degree Zero' of Law in Modernity; Methodology; 2. Autonomous Law or Redundant Law? The Elusive Nature of Legal Theory; Autonomous Law; Failures of Legal Autonomy; Replacements and New Understandings; A Broader Definition of Law?; Against the 'One Big Thing'; 3. Law as System: The Missing Multidimensionality of Law; Methodical Law; Undermining the System; Beyond State Law; Complexity and Interesting Relationships; The Missing Multidimensionality of Law; Multiple Relationships: 'Strange Loops and Tangled Hierarchies'; Cubist Law? The Lack of a Singular Perspective; 4. Reconfiguring the Legal Landscape: The Sojourn of Legal Pluralism; Disorder, Entropy, Chaos: Is Law Like Literature?; A Plurality of Laws and Legal Pluralism; Problematic Pluralism; Positive Crossings, Engagements and Perspectives: Turbulent Beauty?; Visualising Law Today; Conclusion; 5. The Injustice of Law after Modernity; Injustice, Insecurity and Flexible, Private Justice; Globalisation and International Commerce; Privatisation, Flexible Law, Governance and Insecurity; Conclusion; 6. Law, Justice and Injustice; The Confusions of Justice; The Proximity of Justice to Law; Can Justice Ever Be Transnational?; Transnational Justice; Justice after Modernity; 7. Legal Justice I: 'Maimed Justice' and the Rule of Law; Maimed Justice; A Common Conception of Justice? Justice and the Rule of Law; The Shameful Absence of the Rule of Law; 8. Legal Justice II: Reclaiming the Rule of Law from its 'Dark Side'-Critical Legal Justice; The Critiques; Against the Critiques; The Need for the Rule of Law; The Rule of Law Transfigured: Critical Legal Justice; Conclusion; 9. The Enigma of Human Rights; A Conceptual Lack of Clarity; Foundations; Scepticism; Why Then: An Historical Investigation; Why Are We Still so Preoccupied with Human Rights?; Juridification of Human Rights; Pluralism, Complexity and Human Rights; 10. Critical Legal Justice and Beyond: Cosmopolitanism; Cosmopolitanism; The Critique of Cosmopolitanism; Cosmopolitan 'Law'?; Conclusion; 11. Beyond Cosmopolitanism: The Murky World of Governance and Global 'Justice'; Reflexive Justice?; Accountability; Restorative and Responsive Justice; Reinforcing Critical Legal Justice; Anarchic Resistance to Injustice; 12. Conclusion: Law and Justice after Modernity; Diagnosis and Critique; Justice; Resistance and Demanding Justice
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Table of contents
1. Introduction: Beyond the 'Degree Zero' of Law after Modernity;
Jurisprudentia;
Law and the Image;
'Modernity';
'After' Modernity;
'Law';
Beyond the 'Degree Zero' of Law in Modernity;
Methodology;
2. Autonomous Law or Redundant Law? The Elusive Nature of Legal Theory;
Autonomous Law;
Failures of Legal Autonomy;
Replacements and New Understandings;
A Broader Definition of Law?;
Against the 'One Big Thing';
3. Law as System: The Missing Multidimensionality of Law;
Methodical Law;
Undermining the System;
Beyond State Law;
Complexity and Interesting Relationships;
The Missing Multidimensionality of Law;
Multiple Relationships: 'Strange Loops and Tangled Hierarchies';
Cubist Law? The Lack of a Singular Perspective;
4. Reconfiguring the Legal Landscape: The Sojourn of Legal Pluralism;
Disorder, Entropy, Chaos: Is Law Like Literature?;
A Plurality of Laws and Legal Pluralism;
Problematic Pluralism;
Positive Crossings, Engagements and Perspectives: Turbulent Beauty?;
Visualising Law Today;
Conclusion;
5. The Injustice of Law after Modernity;
Injustice, Insecurity and Flexible, Private Justice;
Globalisation and International Commerce;
Privatisation, Flexible Law, Governance and Insecurity;
Conclusion;
6. Law, Justice and Injustice;
The Confusions of Justice;
The Proximity of Justice to Law;
Can Justice Ever Be Transnational?;
Transnational Justice;
Justice after Modernity;
7. Legal Justice I: 'Maimed Justice' and the Rule of Law;
Maimed Justice;
A Common Conception of Justice? Justice and the Rule of Law;
The Shameful Absence of the Rule of Law;
8. Legal Justice II: Reclaiming the Rule of Law from its 'Dark Side'-Critical Legal Justice;
The Critiques;
Against the Critiques;
The Need for the Rule of Law;
The Rule of Law Transfigured: Critical Legal Justice;
Conclusion;
9. The Enigma of Human Rights;
A Conceptual Lack of Clarity;
Foundations;
Scepticism;
Why Then: An Historical Investigation;
Why Are We Still so Preoccupied with Human Rights?;
Juridification of Human Rights;
Pluralism, Complexity and Human Rights;
10. Critical Legal Justice and Beyond: Cosmopolitanism;
Cosmopolitanism;
The Critique of Cosmopolitanism;
Cosmopolitan 'Law'?;
Conclusion;
11. Beyond Cosmopolitanism: The Murky World of Governance and Global 'Justice';
Reflexive Justice?;
Accountability;
Restorative and Responsive Justice;
Reinforcing Critical Legal Justice;
Anarchic Resistance to Injustice;
12. Conclusion: Law and Justice after Modernity;
Diagnosis and Critique;
Justice;
Resistance and Demanding Justice