Legal Theories: Contexts and Practices Second Edition - Book

Legal Theories: Contexts and Practices Second Edition - Book

By Marett Leiboff, Mark Thomas

Book

$118.00 RRP

Date: 24/07/2014

Code: 9780455231051

Thomson Reuters, AUSTRALIA

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Book Legal Theories: Contexts and Practices Second Edition - Book 24/07/2014 9780455231051 $118.00 Add to cart
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Description

Legal Theories: Contexts and Practices presents legal theory as a living and evolving entity. The reader is brought into its story as an active participant who is challenged to think about where they sit within the history and traditions of legal theory and jurisprudence. This second edition explores how lawyers and the courts adopt theoretical and jurisprudential positions and how they are influenced by the historical, social, cultural, and legal conditions characteristic of the time in which they live.  It considers how legal theories, too, are influenced by those conditions, and how these combined forces influence and continue to affect contemporary legal thinking and legal interpretation.

Notable in the new edition:

•  the addition of two chapters: Legal Theory in the Age of Google considers the challenges to existing jurisprudential assumptions wrought by new technologies; and, Historicising Legal Theory examines what happens to legal thinking when assumed non-legal knowledge is lost.

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Table of Contents

Legal Theory in the Age of Google

Unlocking Legal Theory

Keeping Legal Theory in Mind

The Practices of Legal Theory

Historicising Legal Theory

Community and Conscience

Modern Natural Law: Speaking to the Sky or Looking in Ourselves

Modernism and the Scientific Method: Law’s Search for Certainty and the Shift of Modernism

Liberalism: Explaining Why We Think as We Do

Correcting Irrationality: Positivism and Law’s Commonsense

Doing Common Sense: Positivism in Action

Marx and Law: Breaking Down the System

Law Meets Society

Reconceptualising the Practical: Postmodernism

Feminist Legal Theory

Critical Legal Theories

Critical Race Theory and Postcolonialism

Just in Case I: A jurisprudential anatomy of Evans v NSW

Just in Case II: More jurisprudential anatomies of case law

Concluding, Only to Begin All Over Again

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