Legal Theory Systems

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By Sionaidh Douglas-Scott

How do we signify legislations and criminal concept within the twenty first century? This ebook argues that we are living in an age 'after modernity' and that felony concept needs to take account of this truth. The ebook assaults, as outmoded, theories of legislation which leisure on common notions of law's autonomy and systematic nature and on definite notions of justice, personhood, and legitimacy, and seeks to switch them with a dynamic new account of legislation and legislation acceptable for an period of globalization and postnational groups. in spite of the fact that, it additionally argues that the main urgent factor for legislations after modernity is that of justice. The technique is clean, contextual, and interdisciplinary, in addition to strange for a piece of criminal conception as a result of being illustrated all through with artworks and visible representations which serve to implement the messages of the booklet. (Series: felony thought this present day)

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R Cover, ‘Nomos and Narrative’ (1983) 97 Harvard Law Review 4. 94 W Twining, Blackstone’s Tower: The English Law School (London, Hamlyn Press, 1994) 64, quoting RM Hutchins from M Mayor, RM Hutchins: A Memoir (Berkeley, University of California Press, 1993) 97. 95 EP Thompson, The Poverty of Theory (London, Merlin, 1978). 96 Eg, Lyotard (above n 66). 93 27 Introduction: Beyond the ‘Degree Zero’ of Law after Modernity Therefore, while this book is not an excursus into law, art and the humanities, it does employ much of the methodology of such approaches, believing that an interdisciplinary, contextual approach that shapes our understanding of law in its cultural context not only provides an important form of resistance against a contemporary drift but also provides a richer understanding of law—indeed, as argued later in this book, it aids us in our search for justice.

Nor does it propose only one way of theorising law, one path for jurisprudence. It proceeds instead by setting out a short list of features that seem salient, or paradigmatic, of law in modernity. Most attempts to characterise law, including the five accounts of Austin, Weber, the legal realists, Habermas and Marxism, feature at least some of the items on the list, but not necessarily all, which is why the accounts of law discussed above seem different, although if one follows the logic of this list, one begins to see some sort of Wittgensteinian ‘family resemblance’.

Social systems such as law are seen to interpret actions according to their own logic and binary codes, and autopoiesis insists that law itself determines what is to count as law by the application of the legal/illegal code, achieving structural stability through recursivity. 21 It is far removed from law in its huge, complex unwieldiness, as actually experienced by human beings. A Culture of Autonomy? A concern with autonomy cuts across disciplines, and perversely, as a result, autonomy has its own interdisciplinarity and can be seen as a feature of a broader culture of modernity.

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