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Full-Text Articles in Legal History

Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin Oct 2012

Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin

Pace Law Review

This Article is deliberately unconventional and exploratory. It begins by raising many conceptually problematic questions which cannot be answered simply or definitively. The point is not to provide any one right answer for these questions but to raise possible directions for new lines of inquiry rather than accepting the theoretical dead end that is irrationalism. I do not necessarily hope to offer a new systemizing theory that can withstand rigorous critique, but rather to show that such attempts remain possible and worthwhile even after the influence of post-modernism and the deconstruction of the most significant social theories.


The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich Jan 2010

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …


The Hohfeldian Approach To Law And Semiotics, J. M. Balkin May 1990

The Hohfeldian Approach To Law And Semiotics, J. M. Balkin

University of Miami Law Review

No abstract provided.


The System And The Life World, Warren Lehman Mar 1989

The System And The Life World, Warren Lehman

Washington and Lee Law Review

No abstract provided.


Some Realism About Critical Legal Studies, Richard Michael Fischl Jan 1987

Some Realism About Critical Legal Studies, Richard Michael Fischl

University of Miami Law Review

No abstract provided.