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Law as Resistance
Peter Fitzpatrick
其他書名
Modernism, Imperialism, Legalism
出版Ashgate, 2008
主題Law / GeneralLaw / Administrative Law & Regulatory PracticeLaw / JurisprudencePhilosophy / General
ISBN07546268579780754626855
URLhttp://books.google.com.hk/books?id=N1qPAAAACAAJ&hl=&source=gbs_api
註釋The scandal of this collection lies not just in its equating law and resistance but also in its consequent revision of those critical, realist, social, and even positivist theories that would constitute law in its dependence on sovereign or society, on some surpassing power, or on the state of the judge's digestion. There is as well a further provocation offered by the collection in that the most marginalized of resistances through law are found to be the most destabilizing of standard paradigms of legal authority. Instances of such seeming marginality explored here include the resistances of colonized and indigenous peoples and resistance pursued through international law. What this 'marginal' focus also reveals is the constituent connection between modernism, imperialism and that legalism produced by the ready reduction of law in terms of sovereign, society and such. In all, the collection makes a radical contribution to social, political and postcolonial theories of law.