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Research Handbook on Critical Legal Theory
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
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Critical Acclaim
Contributors
Contents
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Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought.
The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation.
This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.
The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation.
This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.
Critical Acclaim
‘This is a brilliant collection! The Handbook’s editors have succeeded in making critical legal theory – in all its multifarious, subversive complexity – both accessible and compelling. Anyone hoping to come to terms with the sheer range of critical discourse that the law has inspired, or wishing to plunge headlong into the depths of a particular critical tradition, will find just what they need in this fascinating volume.’
– David Garland, New York University, US
– David Garland, New York University, US
Contributors
Contributors: F. Atria, B. Bowring, H. Carvalho, E. Christodoulidis, C.J. Craig, M. Croce, D.M. Davis, C. Douzinas, R. Dukes, M. Everson, R.M. Fischl, M. Goldoni, P. Goodrich, R. Hunter, P. Ireland, B. Jessop, C. Joerges, K. Klare, F. Macmillan, K. McGee, L. Moncrieff, M. Möschel, A. Norrie, N.M. Perrone, A. Philippopoulos-Mihalopoulos, C. Reeves, C. Salgado, M.E. Salomon, D. Schneiderman, J. van der Walt, S. Veitch, L.E. Wolcher, P. Zumbansen
Contents
Contents:
Preface
PART I
1. Critical theory and the law: reflections on origins, trajectories and conjunctures
Emilios Christodoulidis
2. Critical legal realism in a nutshell
Dennis M. Davis and Karl Klare
PART II
3. Critical legal feminisms
Rosemary Hunter
4. Critical race theory
Mathias Möschel
5. Queer in the law: critique and postcritique
Mariano Croce
6. Marxism and the political economy of law
Emilios Christodoulidis and Marco Goldoni
7. Critical theory of the state
Bob Jessop
8. Law and the public/private distinction
Scott Veitch
9. Rhetoric, semiotics, synaesthetics
Peter Goodrich
10. Law and deconstruction
Johan van der Walt
11. The ethical turn in critical legal thought
Louis E. Wolcher
12. Law is a stage: from aesthetics to affective aestheses
Andreas Philippopoulos-Mihalopoulos
13. The responsibilities of the critic: law, politics and the Critical Legal Conference
Costas Douzinas
14. Law in the mirror of critique: a report to an academy
Kyle McGee
PART III
15. Property law
Paddy Ireland
16. Ideology and argument construction in contract law
Richard Michael Fischl
17. Critical copyright law and the politics of “IP”
Carys J. Craig
18. A different kind of ‘end of history’ for corporate law
Lilian Moncrieff
19. Critical labour law: then and now
Ruth Dukes
20. Social rights
Fernando Atria and Constanza Salgado
21. Between persecution and reconciliation: criminal justice, legal form and human emancipation
Craig Reeves, Alan Norrie and Henrique Carvalho
22. Facticity as validity: the misplaced revolutionary praxis of European law
Michelle Everson and Christian Joerges
23. Critical law and development
Fiona Macmillan
24. International economic law’s wreckage: depoliticization, inequality, precarity
Nicolás M. Perrone and David Schneiderman
25. Can transnational law be critical? Reflections on a contested idea, field and method
Peer Zumbansen
26. Critical legal theory and international law
Bill Bowring
27. Nihilists, pragmatists and peasants: a dispatch on contradiction in international human rights law
Margot E. Salomon
Index
Preface
PART I
1. Critical theory and the law: reflections on origins, trajectories and conjunctures
Emilios Christodoulidis
2. Critical legal realism in a nutshell
Dennis M. Davis and Karl Klare
PART II
3. Critical legal feminisms
Rosemary Hunter
4. Critical race theory
Mathias Möschel
5. Queer in the law: critique and postcritique
Mariano Croce
6. Marxism and the political economy of law
Emilios Christodoulidis and Marco Goldoni
7. Critical theory of the state
Bob Jessop
8. Law and the public/private distinction
Scott Veitch
9. Rhetoric, semiotics, synaesthetics
Peter Goodrich
10. Law and deconstruction
Johan van der Walt
11. The ethical turn in critical legal thought
Louis E. Wolcher
12. Law is a stage: from aesthetics to affective aestheses
Andreas Philippopoulos-Mihalopoulos
13. The responsibilities of the critic: law, politics and the Critical Legal Conference
Costas Douzinas
14. Law in the mirror of critique: a report to an academy
Kyle McGee
PART III
15. Property law
Paddy Ireland
16. Ideology and argument construction in contract law
Richard Michael Fischl
17. Critical copyright law and the politics of “IP”
Carys J. Craig
18. A different kind of ‘end of history’ for corporate law
Lilian Moncrieff
19. Critical labour law: then and now
Ruth Dukes
20. Social rights
Fernando Atria and Constanza Salgado
21. Between persecution and reconciliation: criminal justice, legal form and human emancipation
Craig Reeves, Alan Norrie and Henrique Carvalho
22. Facticity as validity: the misplaced revolutionary praxis of European law
Michelle Everson and Christian Joerges
23. Critical law and development
Fiona Macmillan
24. International economic law’s wreckage: depoliticization, inequality, precarity
Nicolás M. Perrone and David Schneiderman
25. Can transnational law be critical? Reflections on a contested idea, field and method
Peer Zumbansen
26. Critical legal theory and international law
Bill Bowring
27. Nihilists, pragmatists and peasants: a dispatch on contradiction in international human rights law
Margot E. Salomon
Index
