The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

This article explores two very different forms in which immoral conduct was problematized over the course of the 19th century. It does this by contrasting the sexual purity politics of the Vice Society and the medicalization of morality as `moral insanity'. Early in the century the Vice Society promoted coercive legislation with the aim of `suppressing vice'. From mid-century, moral insanity theories sought to grapple with vice by disaggregating `moral' from other forms of insanity. These two movements had quite distinct (...) and incompatible lines of development; and they never overtly engaged with each other. The article makes its key argument by demonstrating the way in which such dissimilar trajectories came together towards the end of the century in the `moral hygiene' movement, mobilizing discourses of `degeneration' (and `feeblemindedness') with projects promoting sexual purity. (shrink)

Critical legal studies is one of the most challenging developments in the contemporary study of law. Drawing heavily on the radical political culture of the period since the 1960s, critical legal studies assents the necessity of a politics of law - a politics which sees law, not as something apart, but as engaged in the multitude of arguments, battles and struggles which produce the human condition. Such a committment decisively rejects the dominant tradition of Anglo-American legal scholarship, the expository orthodoxy (...) or, more crudely, the 'black-letter law' approach. The essays in this book provide the first wide ranging exploration of the aims and scope of critical legal studies in Britain. They draw on a diversity of intellectual traditions, including feminism, Marxism, critical theory and deconstruction and explore the implications of the critical approach for important areas such as property, contract, company, and labour law. (shrink)

This chapter contains sections titled: The Object of Marxist Theory of Law Outline of a Marxist Theory of Law Alternative Marxist Approaches to Law Ideology as Law and Law as Ideology Law and State Economic Relations and the Law Legal Relations and Class Relations Conclusions References.

This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and (...) his view of judging. This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and his view of judging. (shrink)