The Critical Legal Studies Movement

Author: Roberto Mangabeira Unger
Publisher: Verso Books
ISBN: 1781683417
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Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.

New Critical Legal Thinking

Author: Matthew Stone
Publisher: Taylor & Francis
ISBN: 1136291202
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New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.

Law in Modern Society

Author: Roberto Mangabeira Unger
Publisher: Simon and Schuster
ISBN: 0029328802
Format: PDF, Kindle
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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Searching for Contemporary Legal Thought

Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108365221
Format: PDF, ePub, Mobi
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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The Powers of Law

Author: Mauricio García-Villegas
Publisher: Cambridge University Press
ISBN: 1108554229
Format: PDF, ePub
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Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio García-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to socio-political legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and socio-legal studies, García-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of socio-political legal studies.

Free Trade Reimagined

Author: Roberto Mangabeira Unger
Publisher: Princeton University Press
ISBN: 9781400827855
Format: PDF, ePub
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Free Trade Reimagined begins with a sustained criticism of the heart of the emerging world economy, the theory and practice of free trade. Roberto Mangabeira Unger does not, however, defend protectionism against free trade. Instead, he attacks and revises the terms on which the traditional debate between free traders and protectionists has been joined. Unger's intervention in this major contemporary debate serves as a point of departure for a proposal to rethink the basic ideas with which we explain economic activity. He suggests, by example as well as by theory, a way of understanding contemporary economies that is both more realistic and more revealing of hidden possibilities for transformation than are the established forms of economics. One message of the book is that we need not choose between accepting and rejecting globalization; we can have a different globalization. Traditional free trade doctrine rests on shaky empirical and theoretical ground. Unger takes a new approach to show when international trade is likely to be useful or harmful to the socially inclusive economic growth that every nation wants. Another message is that the movement of people and ideas is more important than the movement of things and money, and that freedom to change the institutions defining a market economy is just as important as freedom to exchange goods on the basis of those institutions. Free Trade Reimagined ranges broadly within and outside economics. Presenting technical issues in plain language, it appeals to the general reader. It puts a disciplined imagination in the service of rebellion against the dictatorship of no alternatives that characterizes life and thought today.

The Future of American Progressivism

Author: Cornel West
Publisher: Beacon Press
ISBN: 9780807043271
Format: PDF, Kindle
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"A bold political analysis that should inspire public life." —Kirkus Reviews Seizing the quintessentially American idea that everything is possible, Unger and West argue that we can stimulate economic growth and guarantee opportunity and sufficient resources for all citizens. They propose specific reforms in business, taxation, so cial security, and education, and their program is an image of American political and civic life as a vital, evolving, and hopeful arena for solving our collective problems. Theirs is an all-inclusive, bipartisan, business-friendly vision. "A thin volume packed with solutions to our nation's inequities." —Ebony

Critical Theory of Legal Revolutions

Author: Hauke Brunkhorst
Publisher: Bloomsbury Publishing USA
ISBN: 1441102493
Format: PDF, Kindle
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This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.

The Self Awakened

Author: Roberto Mangabeira Unger
Publisher: Harvard University Press
ISBN: 9780674023543
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In what kind of world and for what kind of thought is time real, history open, and novelty possible? In what kind of world and for what kind of thought does it make sense for a human being to look for trouble rather than to stay out of trouble?In this long-awaited work of general philosophy, Roberto Mangabeira Unger proposes a radical reorientation of established ideas about nature, mind, society, politics, and religion. He shows how we have to change our beliefs if we are to succeed in doing justice to our most distinctive contemporary experiences, discoveries, and ideals. The Self Awakened mobilizes the resources of several philosophical traditions, and develops the unrecognized revolutionary implications of the most influential of these traditions today--pragmatism. Avoiding technical jargon and needless complication, this book makes a case for philosophy as the supreme activity of the intellect at war, insisting on its power to deal with what matters most.

What Should Legal Analysis Become

Author: Roberto Mangabeira Unger
Publisher: Verso
ISBN: 9781859841006
Format: PDF, ePub, Docs
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Roberto Mangabeira Unger brings together his work in legal and social theory. He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.