Dangerous Supplements

Resistance and Renewal in Jurisprudence

Dangerous Supplements

Post-Contemporary Interventions

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Book Pages: 224 Illustrations: Published: April 1991


In Dangerous Supplements expert legal scholars employing a variety of theoretical perspectives—feminism, poststructuralism, semiotics, and Marxism—challenge predominating views in jurisprudence. Prevailing notions of the nature of the law, they argue, have failed to recognize the law’s dependence on social constructs and the indeterminance of language. The contributors further claim that proponents of traditional notions have borrowed knowledge from other fields, only to reject that knowledge as ultimately subversive and dangerous in its ramifications.
Taking as a point of departure H. L. A. Hart’s The Concept of the Law, Peter Fitzgerald shows how Hart adopted Wittgenstein’s linguistic theory to overthrow J. L. Austin’s “simple” conception of rules and habits in law, only to jettison this theory in order to locate the essence of law in its evolution from a “primal scene.” Other chapters examine the way in which the setting of English law above social relations has masked an imperial mission; how the philosophies of Hayek and Marx, as well as the discourses of liberalism, feminism, semiotics, and poststructuralism, have been assiduously marginalized and rendered inessential to jurisprudence.



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Contributors vi

The Abstracts and Brief Chronicles of the Time: Supplementing Jurisprudence / Peter Fitzpatrick 1

"A Hatred of Disorder": Legal Science, Liberalism and Imperialism / David Sugarman 34

Taking the Right Seriously: The Case of F.A. Hayek / Alan Thomson 68

Marxism, Law, Legal Theory and Jurisprudence / Alan Hunt 102

Feminist Jurisprudence / Carol Smart 133

Time out of Mind: An Introduction to the Semiotics of Common Law / Peter Goodrich and Yifat Hachamovitch 159

English Constitutional Law from a Postmodernist Perspective / Anthony Carty 182

Index 207
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Paper ISBN: 978-0-8223-1121-8 / Cloth ISBN: 978-0-8223-1140-9
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