Application of Lacan's theory to some concrete legal problems follows in the second part of the book with a series of studies including child abuse hysteria, land use debates, the critique of legal ideology; and religion in law and politics.

When the utility of masks or vaccinations became politicized during the COVID-19 pandemic and lost its mooring in scientific evidence, an already-developing crisis of expertise was exacerbated. Those who believe in consensus science wondered: “How can ‘those people’ not see the truth?” With a foreword by Harry Collins, this book shows that the crisis is not a scientific controversy, but an ideological dispute with believers on both sides. If the advocates for consensus science acknowledge the uncertainties involved, rather than insisting (...) on cold, hard facts, it is possible to open a pathway towards interaction and communication, even persuasion, between world views. As the crisis of expertise continues to be a global issue, this will be an invaluable resource for readers concerned about polarized societies and the distrust of consensus science. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and (...) neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian and (...) neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

The semiotic investigation of the divine or transcendent authoriality of religious law involves, in the context of discussions concerning the propriety or impropriety of the influence of religion in “secular” political and legal systems, preliminary boundary work to discern the meanings of “religion”, “secular”, and “belief.” Jeremy Waldron’s account of the propriety of religion in “secular” politics, mirroring but reversing John Rawls’ account of religion’s impropriety in that context, can be contrasted with neo-Calvinist (and other) conceptions of pluralism and the (...) inevitability of fundamental “beliefs” in all political and legal thought. In the latter perspectives, religious believers are neither unique in their appeal to transcendent values, nor relegated to advancing theocracy (because pluralism is conceived as a religious value rather than religion’s opposite). A workable alternative to the conventional discourse of religious influence in politics and law is therefore evident. (shrink)