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How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Sionaidh Douglas-Scott is a fellow of Lady Margaret Hall and Professor of European and Human Rights Law at the University of Oxford.
1. Introduction: Beyond the 'Degree Zero' of Law after Modernity Jurisprudentia Law and the Image 'Modernity' 'After' Modernity 'Law' Beyond the 'Degree Zero' of Law in Modernity Methodology 2. Autonomous Law or Redundant Law? The Elusive Nature of Legal Theory Autonomous Law Failures of Legal Autonomy Replacements and New Understandings A Broader Definition of Law? Against the 'One Big Thing' 3. Law as System: The Missing Multidimensionality of Law Methodical Law Undermining the System Beyond State Law Complexity and Interesting Relationships The Missing Multidimensionality of Law Multiple Relationships: 'Strange Loops and Tangled Hierarchies' Cubist Law? The Lack of a Singular Perspective 4. Reconfiguring the Legal Landscape: The Sojourn of Legal Pluralism Disorder, Entropy, Chaos: Is Law Like Literature? A Plurality of Laws and Legal Pluralism Problematic Pluralism Positive Crossings, Engagements and Perspectives: Turbulent Beauty? Visualising Law Today Conclusion 5. The Injustice of Law after Modernity Injustice, Insecurity and Flexible, Private Justice Globalisation and International Commerce Privatisation, Flexible Law, Governance and Insecurity Conclusion 6. Law, Justice and Injustice The Confusions of Justice The Proximity of Justice to Law Can Justice Ever Be Transnational? Transnational Justice Justice after Modernity 7. Legal Justice I: 'Maimed Justice' and the Rule of Law Maimed Justice A Common Conception of Justice? Justice and the Rule of Law The Shameful Absence of the Rule of Law 8. Legal Justice II: Reclaiming the Rule of Law from its 'Dark Side'-Critical Legal Justice The Critiques Against the Critiques The Need for the Rule of Law The Rule of Law Transfigured: Critical Legal Justice Conclusion 9. The Enigma of Human Rights A Conceptual Lack of Clarity Foundations Scepticism Why Then: An Historical Investigation Why Are We Still so Preoccupied with Human Rights? Juridification of Human Rights Pluralism, Complexity and Human Rights 10. Critical Legal Justice and Beyond: Cosmopolitanism Cosmopolitanism The Critique of Cosmopolitanism Cosmopolitan 'Law'? Conclusion 11. Beyond Cosmopolitanism: The Murky World of Governance and Global 'Justice' Reflexive Justice? Accountability Restorative and Responsive Justice Reinforcing Critical Legal Justice Anarchic Resistance to Injustice 12. Conclusion: Law and Justice after Modernity Diagnosis and Critique Justice Resistance and Demanding Justice
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