Jurisprudence

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation.

Jurisprudence

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

We Have Never Been Postmodern

Morrison, W. (1997), Jurisprudence: From the Greeks to Post-Modernism, London: Cavendish. —(1995), Theoretical Criminology: From Modernity to Post-Modernism, London: Cavendish. Moya, E. (2010), 'Over One Hundred American Cities Face ...

We Have Never Been Postmodern

This book sets out a variety of reasons why we should move away from seeing the recent era as 'postmodern' and our culture as 'postmodernist' through a series of analyses of contemporary culture.

Introduction to Feminist Jurisprudence

As Taylor has written, 'modernist subjectivity ... was simply unable to cope with the crisis into which Europe in 1914 ... 9 On the Holocaust, see Morrison, W, Jurisprudence: From the Greeks to Post-modernism, 1997, London: Cavendish ...

Introduction to Feminist Jurisprudence

"First Published in 1998, Routledge is an imprint of Taylor & Francis, an informa company."

Jurisprudence

From The Greeks To Post-Modernity Wayne Morrison. CONCLUDING REMARKS: or reflections on the temptations for jurisprudence in post-modernity I stand on the end platform of the tram and am completely unsure of my footing in this world, ...

Jurisprudence

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

Law Modernity Postmodernity

Morrison, W. (1997), Jurisprudence: From the Greeks to Postmodernism, Cavendish, London. Nader, L. (1988), "The ADR Explosion - The Implication of Rhetoric in Legal Reform", 8 Windsor Yearbook of Access to Justice 269-91.

Law  Modernity  Postmodernity

This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.

The Legal Philosophy and Influence of Jeremy Bentham

351–76. Morrison Wayne, Jurisprudence: From the Greeks to Post-modernism, London, Cavendish, 1997. Morrison Wayne, 'John Austin and the Misunderstood Birth of Legal Positivism', in Id., Jurisprudence: From the Greeks to Post-modernity, ...

The Legal Philosophy and Influence of Jeremy Bentham

Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

The Empirical Gap in Jurisprudence

as to whether and for how long legal rules are 'clear,' see A.C. Hutchinson, A Postmodern's Hart: Taking Rules Sceptically, ... 601; and W. Morrison, Jurisprudence: From the Greeks to Post Modernism (London: Cavendish, 1997), 38–75.

The Empirical Gap in Jurisprudence

Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories.

Reframing Corporate Governance

76 Gary Minda, Postmodern Legal Movement: Law and Jurisprudence at Century's End (New York University's Press 1995) 121. 77 Wayne Morrison, Jurisprudence: From the Greeks to Post-Modernity (Routledge 1997) 472–473.

Reframing Corporate Governance

This stimulating book offers an astute analysis of corporate governance from both a historical and a philosophical point of view. Exploring how the modern corporation developed, from Ancient Rome and the Middle Ages up to the present day, Javier Reyes identifies the strengths and weaknesses of the mainstream theory of the firm as put forward by the law and economics school of thought.

Fifty Key Thinkers in Criminology

... Cavendish); The Politics of the Common Law: Perspectives, Rights, Institutions, Processes (2009, Routledge/ Cavendish, with Adam Gearey and Robert Jago); Jurisprudence: From the Greeks to Post-modernity (1997, Cavendish).

Fifty Key Thinkers in Criminology

Bringing the history of criminological thought alive through a collection of fascinating life stories, this book covers a range of historical and contemporary thinkers from around the world, offering a stimulating combination of biographical fact with historical and cultural context.

Searching the Law 3d Edition

Jurisprudence : From the Greeks to Post - Modernism . ( Cavendish 1997 ) . Morton , Peter . An Institutional Theory of Law : Keeping Law in its Place . ( Oxford U. P. 1997 ) . Moyes , Howard A. , ed . Restoring the Balance to the ...

Searching the Law  3d Edition


Cuts and Criminality

Jurisprudence: From the Greeks to Post-Modernism. London: Cavendish Publishing Limited. Moser, C. and Levitt, E., 1995. An Exploratory-Descriptive Study of a Sadomasochistically Oriented Sample. In: T. Weinberg, ed., 1995.

Cuts and Criminality

This book investigates how and why the criminal law differentiates between different types of body alterations, with particular reference to how they are conceptualised within legal discourse. By drawing connections between types of body alteration that have traditionally been considered separately and discretely, the book allows analytical conclusions to be made about the law’s treatment of the general category of ’body alteration’ rather than merely about specific types of body alteration. Taking legal discourse as its analytical focus, the author critically examines a number of case studies to determine the techniques and processes by which some body alterations are discursively constructed as legitimate and legally approved, and by which other body alterations are discursively constructed as illegitimate and legally sanctioned. Specifically, the body alterations that are addressed include sadomasochistic injuries; female genital modification and male circumcision; cosmetic surgery, body modification and healthy limb amputation; and sex reassignment surgery and genital ’normalisation’ surgery. International in scope, the discursive analysis in the book will be of interest to academics and researchers working in the areas of socio-legal and cultural studies.

Chaos and Complexity Theory in World Politics

The postmodern condition. Manchester, UK: Manchester University Press. McLeod, I. (2005). Legal theory (3rd ed.) ... Jurisprudence: From the Greeks to post-modernism. London: Cavendish. Morrow, J. (1998). History of political thought: a ...

Chaos and Complexity Theory in World Politics

As an important research field in mathematics, chaos theory impacts many different disciplines such as physics, engineering, economics, and biology. Most recently, however, chaos theory has also been applied to the social sciences, helping to explain the complex and interdependent nature of international politics. Chaos and Complexity Theory in World Politics aims to bring attention to new developments in global politics within the last few years. Demonstrating various issues in international relations and the application of chaos theory within this field, this publication serves as an essential reference for researchers and professionals, as well as useful educational material for academicians and students.

From Violence to Peace

Morrison, W, Jurisprudence: From the Greeks to Post-modernism (Cavendish Publishing, 1997). Mulcahy, B, Aquinas's Notion of Pure Nature and the Christian Integralism of Henri de Lubac: Not Everything is Grace (Peter Lang, 2011).

From Violence to Peace

This book contributes to the literature on jurisprudence and theology by arguing for the role of a theoretically robust Christian theology in a legal community dominated by secular and liberal ideology. It is not a doctrinal or empirical analysis, but a theoretical exposition of the way in which modern law has contingently drifted from its theological origins. As a result, the legal system and the ideal of individual and communal relationship it envisages is characterised by antagonism and alienation, or more broadly, violence. The book contends that the way to restore a legal community of peace is to return to a Christian theology which is informed by Trinitarian thinking or the notion of unity in diversity, and reunites faith with reason. Returning reason to its ground in being allows peaceful persuasion by the revelation of God's perfect being through the Trinity and Incarnation, which models and enables the peaceful coexistence of difference through self-sacrificing love. This in turn produces the law of love – to love your neighbour as yourself. Since love does no wrong to a neighbour, a legal community operating by the law of love can fulfil the obligations of law by going beyond merely what is required by law and love individuals as part of a community.

Justice in the Risk Society

Challenging and Re-affirming ′Justice′ in Late Modernity Barbara Hudson ... Whiteness and the Literary Imagination, New York: Vintage Books Morrison, W. (1997) Jurisprudence: From the Greeks to Post-Modernism, London: Cavendish Murphy, ...

Justice in the Risk Society

`The book is a unique combination of criminology, politics and philosophy which can be recommended' - Network, Newsletter of the British Sociological Association `Hudson's Justice in the Risk Society is stunning in the depth and breadth of its scholarship. In examining the challenges the risk society presents for established conceptions of justice she compels a profound rethinking of what justice does, and can, mean. Her analysis will frame and inspire future debate' - Clifford Shearing, Professor, Law Program, Research School of Social Science, Australian National University `Remarkably comprehensive, ambitious in its scope and morally compelling. Barbara Hudson draws skilfully from a wide range of frameworks... She asks fundamental questions about the nature of justice and argues for a radical rethink of liberalism. She explores complex subject matter in a clear and accessible fashion. This excellent book will surely reinvigorate theoretical thinking on the nature of punishment for years to come' - Kieran McEvoy, Professor of Law and Transitional Justice, School of Law, Queen's University Belfast 'The book makes an important contribution to the development of new perspectives on justice and provides a rigorous analysis of political and ethical theories that will be highly relevant to criminology and penology students, academics, criminal justice practitioners and policy makers' - SOCLAG Legal Journal How much of a threat does society's preoccupation with `risk' pose to the ideal of `justice'? Innovations in control and in penal policy are increasingly dominated by the theme of public protection, motivated by the aim of controlling risk rather than the aim of enhancing social justice. In Justice in the Risk Society, Barbara Hudson outlines traditional liberal perspectives on justice, risk and security, as well as addressing some key concerns, including: · the challenges to justice: the politics of risk and safety · communitarian and feminist political and ethical theories · how to use current theories and perspectives such as Habermas's discourse ethics and postmodern perspectives on justice · how to develop new methods of re-affirming and reconstructing theories and institutions of justice The book concludes with analysis of two of the most important elements of justice for late-modernity: discursiveness and human rights. Justice in the Risk Society provides theoretical analysis with a discussion of policies, and arguments are illustrated by cases and examples. The book reviews political and ethical theories in a way that is highly relevant and accessible to criminology and penology students, practitioners and academics, as well as making an original contribution to the development of new perspectives on justice.

Criminology Civilisation and the New World Order

Morrison, Wayne (1995) Theoretical Criminology: From Modernity to Post-Modernism. London: Cavendish. —— (1997) Jurisprudence: From the Greeks to Postmodernism, London: Cavendish. —— (2004a) 'Criminology, Genocide, and Modernity: Remarks ...

Criminology  Civilisation and the New World Order

Expertly authored by the co-editor of the best-selling text Cultural Criminology Unleashed, this book re-examines criminology in a global context. Wide-ranging and up-to-date, it covers the topics of colonialism and post-colonialism, genocide, state control, the impact of September 11th and the post-9/11 world. Exploring the relationship between a modern discipline and modernity, it reworks the history and composition of criminology in light of September 11th and the prevalence of genocide in modernity. Analizing statistics, anthropology and the everyday assumptions of criminology's history, this text addresses the political and scholarly grip on the territorial state and the absence of a global criminology. Rejecting the prevalent belief that September 11th and the responses it evoked were exceptions that either destroyed or revealed the absence of global legal order, the author argues that, in fact, they confirm the nature of the world order of modernity. A compelling and topical volume, this is a must read for anyone interested or studying in the areas of criminology and criminal justice.

The New Punitiveness

... Theoretical Criminology: from modernity to postmodernism (Cavendish 1995; Chinese edition Law Press of China Ltd 2004) and Jurisprudence: from the Greeks to postmodernity (Cavendish 1997; Chinese edition University of Whu Han Press ...

The New Punitiveness

Throughout much of the western world more and more people are being sent to prison, one of a number of changes inspired by a 'new punitiveness' in penal and political affairs. This book seeks to understand these developments, bringing together leading authorities in the field to provide a wide-ranging analysis of new penal trends, compare the development of differing patterns of punishment across different types of societies, and to provide a range of theoretical analyses and commentaries to help understand their significance. As well as increases in imprisonment this book is also concerned to address a number of other aspects of 'the new punitiveness': firstly, the return of a number of forms of punishment previously thought extinct or inappropriate, such as the return of shaming punishments and chain gangs (in parts of the USA); and secondly, the increasing public involvement in penal affairs and penal development, for example in relation to length of sentences and the California Three Strikes Law, and a growing accreditation of the rights of victims. The book will be essential reading for students seeking to understand trends and theories of punishment on law, criminology, penology and other courses.

Politics Postmodernity and Critical Legal Studies

And as most jurisprudence improbably presents modern conceptions of natural law as the outcome and perfection of an unbroken , continuous history that started with the Greeks , Antigone gets a statutory mention alongside Aristotle and ...

Politics  Postmodernity  and Critical Legal Studies

This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.

Postmodern Medievalisms

called by the Greeks hethografia , the writing down of manners and customs or way of living . This aesthetic ideal underwent a transition in the direction of transcendence initially at the turn of the twentieth century , with the rise ...

Postmodern Medievalisms

Studies of texts from the late middle ages to the contemporary moment, together they indicate, broadly, directions both in postmodern studies and studies in medievalism.

Nordic Journal of International Law

Arguably , as a vintage post - Enlightenment project , the entire human rights movement might be called modernist ... 1 Cf. the various characterisations of legal modernity in W. Morrison , Jurisprudence : From the Greeks to Post ...

Nordic Journal of International Law


Empty Justice

... Vol2 Morrison, W, Theoretical Criminology: From Modernity to Post-Modernism,1995, London: Cavendish Publishing Murdoch, I, ... Morrison, W, Jurisprudence: From the Greeks to Postmodernism, 1997, London: Cavendish Publishing Papinau, ...

Empty Justice

Utilising literature as a serious source of challenges to questions in philosophy and law, this book provides a fresh perspective not only upon the inculcation of the legal subject, but also upon the relationship between modernism, postmodernism and how such concepts might evolve in the construction of community ethics. The creation and role of the legal subject is just one aspect of jurisprudential enquiry now attracting much attention. How do moral values act upon the subject? How do moral 'systems' impinge upon the subject - jurist and judged - throughout the 20th century, when religious values are called into question, when 'existential' doubt prevails? To what extent do issues of gender and identity inform these questions? Many sources can provide insights into these issues: this book intends to concentrate upon fiction as just such a resource. However it is not just another law and literature compilation. Spanning the last century, each chapter will attempt to fulfil four objectives: to identify key texts in relation to a given period; to look for linked legal and philosophical developments from that period; to establish fresh links from these sources regarding concrete doctrinal, or practical legal questions, and finally draw a more general inference about the legal subject and the frequently less evident feminine citizen-subject. Central to this approach will be the consideration of contemporary case law and legal materials as social documents of the relationship between law and the wider community.