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Shaping constitutional values : elected government, the Supreme Court, and the abortion debate
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ISBN: 0801852854 Year: 1996 Volume: *1 Publisher: Baltimore ; London Johns Hopkins University Press

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Recht, Politik und "Realpolitik" bei August Ludwig von Rochau (1810-1873) : ein wissenschaftsgeschichtlicher Beitrag zum Verhältnis von Politik und Recht im 19. Jahrhundert
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ISBN: 3465034279 9783465034278 Year: 2005 Volume: 189

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Sword and scales : an examination of the relationship between law and politics
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ISBN: 1901362523 1847316786 1472558944 1280801409 9786610801404 1847312578 Year: 2000 Publisher: Oxford Portland, Oregon Hart Publishing

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This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions


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Law's promise, law's expression : visions of power in the politics of race, gender, and religion
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ISBN: 0300057601 Year: 1994 Publisher: New Haven Yale University Press

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Adversarial legalism : the American way of law
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ISBN: 0674006216 0674012410 Year: 2001 Publisher: Cambridge, MA London Harvard University Press

Postmodern philosophy and law
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ISBN: 0700608575 0700609997 9780700609994 9780700608577 Year: 1997 Publisher: Lawrence, Kan. University Press of Kansas

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Now that contemporary scholars have begun to extend postmodern theory to law, an appraisal of its relevance in that sphere is especially important. This book offers a critical introduction to writings on law by key postmodern philosophers--Nietzsche, Foucault, Derrida, Lyotard, and Rorty--and articulates the strengths and weaknesses of postmodern legal theory. Douglas Litowitz takes a critical stance on these thinkers and determines that postmodern philosophy falls short of a positive jurisprudence--a vision of a just state and a moral legal system--because it takes an unduly external perspective on the law and espouses an unworkable anti-foundationalism. The postmodernist perspective, he argues, is too removed from our legal practices to resolve legal problems like abortion, flag burning, or pornography. Litowitz shows that postmodernism is so far removed from the language games in which lawyers and judges decide key legal issues that it leaves the internal practice of law untouched, and its radical rejection of foundations precludes a position from which a just legal system might be built. Still, postmodernism can make a significant contribution to legal theory by showing the limits of existing arrangements, focusing attention on genealogy and discourse, and empowering those who have been denied a voice under the legal system. Postmodern Philosophy and Law bridges the gap between Anglo-American jurisprudence and postmodern theory by discussing not only traditional approaches such as natural law theory and legal positivism but also continental philosophy and critical legal studies. It is the first book to expound and critique postmodern legal theory and its ramifications for a mainstream audience of legal scholars and philosophers.

Justifying judgment : practicing law and philosophy
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ISBN: 0700608540 9780700608546 Year: 1998 Publisher: Kansas University Press of Kansas

On trial : from Adam & Eve to O.J. Simpson # On trial : from Adam and Eve to O. J. Simpson
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ISBN: 0739107801 0739107798 Year: 2004

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