Kategoria BISAC: Law >> Jurisprudence

In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law.

The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this...

The first to use Judith Butler's work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and politics analyzing their interrelation and explaining how they relate to Butler's question of how people can have more liveable and viable lives.

Acknowledging the potency and influence of Butler's 'concept' of gender as process, which occupies a well developed and well discussed position in current literature, Elena Loizidou argues that the possibility of people having more liveable and viable lives is articulated by...

Considering general philosophical and theoretical questions about the nature, purpose and operation of law as a whole, this book introduces students to contemporary debates in jurisprudence and encourages them to think in a theoretical and critical way about the nature of law, legal reasoning and adjudication. Discussing wider issues of morality, politics and society with reference to legal cases and examples, it provides as broad a perspective on the law as possible. Key features of this textbook include:

• introductions to each chapter
• analysis of how jurisprudential...

Judges in most societies often resort to resolving disputes by means of applying a criterion of reasonableness. In The Demise of the'Reasonable Man' Michael Saltman explores the ways in which reasonableness varies from one legal culture to another, defined by the relative presence or absence of centralized political power.

In non-politically centralized societies, Saltman says, judges seek meanings underlying human behavior, and try to place reasonableness within a societal and cultural context. This is possible because primitive societies are relatively homogenous in their...