Contains essays that deal with the development of critical legal studies. This book deals with persistent questions about the intellectual status of legal scholarship, with interdisciplinary legal scholarship (including law and economics). It also covers l
Contains essays that deal with the development of critical legal studies. This book deals with persistent questions about the intellectual status of l...
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by...
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social the...
The scandal of this collection lies not just in its equating law and resistance but also in its consequent revision of those critical, realist, social, and even positivist theories that would constitute law in its dependence on sovereign or society, on some surpassing power, or on the state of the judge's digestion. There is as well a further provocation offered by the collection in that the most marginalized of resistances through law are found to be the most destabilizing of standard paradigms of legal authority. Instances of such seeming marginality explored here include the resistances of...
The scandal of this collection lies not just in its equating law and resistance but also in its consequent revision of those critical, realist, social...