Theoretical variables : an overview -- Limited and unlimited law -- Legal materialism and social existence -- A new legal materialism -- Inner and outer space -- Scales of law -- Subjects and perspective -- Imagining law -- Pathfinding -- Conclusion.

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.

"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, deconstruction, feminism (...) and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

Essential reading for all those who wish to understand why legal theory is important to legal education, and for those who wish to extend their understanding of this dynamic academic discipline. A variety of perspectives are drawn together including social, literary, feminist and postmodernist theories.

Legal pluralism refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. This article examines several aspects of legal pluralism focusing on the relationship between the empirical facts of pluralism and its conceptual foundations. Variety of factors produce the perception of legal pluralism, which is reflected in intensified interest in the concept in contemporary scholarship. Legal philosophy and sociological approaches to law often (...) still occupy quite separate scholarly terrains. Legal pluralism has been identified as a fruitful area for constructive engagement between legal philosophy and the sociology of law. This article emphasizes the fact that with the decline of nation states as the locus of political and legal power, it seems inevitable that traditional state-centered legal philosophy must give way to a different paradigm, which recognizes the plurality of law. (shrink)

This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else - at least on the earth, and possibly in the cosmos - has become a truism of contemporary theory. Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries. It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project. Although an ecological imagining of law can be metaphorical, (...) and can be highly imaginative and suggestive, this book shows that it is also literal. Law is part of the material 'everything' that is connected to everything else. This means that once the previous certainties of legal thinking have been dismantled, it is after all possible to think of law as 'natural' - as embedded in and emergent from a normative biophysical nature. The book proposes that there exists a natural nomos: animals, plants, and Earth systems that produce their own values and norms from which human norms and laws emerge. This book, then, proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Drawing inspiration from current trends in the posthumanities, socio-ecological thought, and developments across the natural sciences in their specific intersections with humanities and social science disciplines, this book will appeal both to legal theorists and to others with interests in these areas. (shrink)

Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women within transitional societies.

This Companion celebrates the strength of feminist legal thought, which is manifested in the dynamic combination of stability and change and the diversity of perspectives and methodologies, as well as in the extensive range of subject-matters included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that animate feminism. It provides an authoritative and scholarly review (...) of contemporary feminist legal thought, and contributes to the ongoing development of some of its new approaches, perspectives and subject-matters. (shrink)

The Bible has influenced contemporary culture both positively and negatively. The present volume is a collection of papers that were discussed at an international colloquium on the use of the Bible in Ethics in the Department of Biblical Studies at the University of Sheffield in April 1995. Participants came from many parts of the world and from different backgrounds, and the papers reflect their varied interests and the contexts in which they work. The contributors, in addition to the three editors, (...) are John Barton, Bruce Birch, Mark Brett, Mark Chapman, David Clines, Philip Davies, Cheryl Exum, Stephen Fowl, Norman Gottwald, John Haldane, Walter Houston, Sharon Ringe, Chrisopher Rowland, Lisa Sowle Cahill and Gerald West. (shrink)