Legal Theory Meets Legal Practice

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Publisher Description

This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.

The essays in this volume explore the relatively new field of women and law from interdisciplinary, feminist perspectives and help to develop an understanding of feminist legal studies in India. As a collection, the book offers insights about women and law as addressed by feminists from the standpoint of both legal and non-legal disciplines. Individually, the different essays explore the legal terrain through historical and cultural analyses of issues such as women’s human rights, gender discrimination, feminist legal scholarship, prostitution, conjugality and the representation of female outlaws in cinema. This varied and contextualised approach explodes the understanding of law as an objective, external, neutral truth. Instead, each writer lays open the contradictory nature of law and shows how it frequently becomes a site of political and ideological struggle.

Praise for the second edition: “This book is the best available for teaching the role of law in society and making sense of how it operates within the (inter)connections of race, class and gender dynamics often perpetuating oppression. … Locating Law is essential for undergraduate students in justice, sociology and criminology.” – Margot Hurlbert, University of Regina “Students regularly tell me that Locating Law is their favourite book out of the selections for the Law and Society course. The case studies are sufficiently different from one another that the students deepen their general knowledge, and they appreciate the fact that the chapters are written in a style they can understand.” – Jennifer Jarman, Lakehead University A primary concern within the study of law has been to understand the “law-society” relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes – and is shaped by – the society in which it operates. This book explores the law-society relation by locating law within the nexus of race/class/gender/sexuality relations in society. In addition to updating the material in the theoretical and substantive chapters, this third edition of Locating Law includes three new contributions: sentencing law and Aboriginal peoples; corporations and the law; and obscenity and indecency legislation. The analyses offered in the book are sure to generate discussion and debate and, in the process, enhance our understanding of law’s location.