Complexity and Contradiction in the Legal Order: Balbus and the Challenge of Critical Social Thought about Law

1977 ◽  
Vol 11 (3) ◽  
pp. 529 ◽  
Author(s):  
David M. Trubek
2018 ◽  
Vol 7 (2) ◽  
pp. 77
Author(s):  
Leonidas Tsilipakos

Widely chosen by students of society as an approach under which to labour, emancipatory, liberatory or, otherwise put, critical social thought occupies a position between knowledge and practical action whose coherence is taken for granted on account of the pressing nature of the issues it attempts to deal with. As such it is rarely subjected to scrutiny and the methodological, conceptual and moral challenges it faces are not properly identified. The contribution of this article is to raise these problems into view clearly and unambiguously. This is undertaken via a careful examination of Alice Crary’s recent work, in which she attempts, firstly, to defend a left-Hegelian version of Critical Theory by relating it to the work of Peter Winch and, second, to issue a set of methodologically radical recommendations on employing the sensibility-shaping powers of the literary form. The article aims to deepen our understanding of the fundamental tensions between the Critical Theory and Wittgensteinian traditions, which Crary attempts to bring together and, ultimately, of those crucial features of our moral practices that frustrate the enterprise of critical social thought.


2018 ◽  
Vol 5 (2) ◽  
pp. 17-36
Author(s):  
Adele Webb

Public ambivalence towards democracy has come under increasing scrutiny. It is a mood registered perhaps most clearly in the fact populist figures, from Trump to Orbàn to Duterte, appear to carry strong appeal despite the fact, or perhaps because of the fact, they pose a threat to democratic institutions and processes of governance. Are ambivalent citizens the grave threat to democracy they are often portrayed to be in media and academic discourse on populism? In this article, I contend that citizens’ ambivalence about democracy is a more complex, spirited and volitional idea than is acknowledged in the current discussion of populism. Drawing on psychoanalysis and critical social thought, I embrace a conception of citizens’ ambivalence in a democracy as both immanent and desirable. I argue ambivalence can be a form of participation in democracy that is crucial to safeguarding its future.


2008 ◽  
Vol 26 (2) ◽  
pp. 227-258 ◽  
Author(s):  
Richard J. Ross

Scholars have long asked to what extent there was a distinctive Puritan jurisprudence in seventeenth-century Massachusetts. Purita n jurisprudenceis a shorthand that refers to those elements of seventeenth-century Massachusetts's laws and institutions designed or selected because of the early colony's religious commitments. Among the fundamentals of Puritan jurisprudence were the integrated and determined use of legal and ecclesiastical institutions to foster a godly community, the importance of the Bible as a touchstone for the legitimacy of rules, and a constitutional order restricting colony-wide voting and political office to regenerate members of covenanted churches. Some historians speak of “Puritan justice” or “Puritan legal culture” rather than “Puritan jurisprudence.” Differing in detail and emphasis, these formulations point to a core idea animating much writing about early Massachusetts: that the colony lived by a legal order distinctive by the standards of contemporary England and her North American and Caribbean colonies and strongly shaped by Puritan religious commitments and social thought.


Author(s):  
James A. Gambrell

This chapter discusses “Becky's” (pseudonym) awakening to the possibility of education as a vehicle for social justice (Ladson-Billings, 1998). Among the participants in this study (N = 8), Becky demonstrated the greatest degree of transformation toward critical social thought (Brookfield, 2012). She came to see her role as a future educator as one in which she celebrated and actively included the cultures and language(s) of her English learners in her classroom (Johnson-Bailey, 2012). Although scholarship on transformative learning indicates that feeling cultural or linguistic “otherness” during study abroad increases critical social thought and action (Morgan, 2010; Ross, 2010), the author postulates that it was Becky's sense of cultural inclusion that impacted her development of social awareness. This newfound socio-political transformation led her to seek certifications in both English for speakers of other languages (ESOL) and special education following the study-abroad program.


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