Articles liés à Special Issue: The Discourse Of Judging

Special Issue: The Discourse Of Judging - Couverture rigide

Livre 26 sur 45: Studies in Law, Politics, and Society
 
9781780528700: Special Issue: The Discourse Of Judging

Synopsis

This special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the modern-day place of politics in the US Supreme Court; and discussions on the two-court crisis which lead to the US Constitutional Convention of 1849. The chapters question the complex and conflicting relationship between politics and the law, understanding judicial independence, and offer an analysis of how the literary narrative of law plays a significant part in the delivery of legal judgement.

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Présentation de l'éditeur

As a few alert mainstream and corporate economists rediscover the certain elements of Marx s analysis of capitalism, the essays in the first part of this volume demonstrate that they have far to go. To their discredit, mainstream understandings whether of capitalism s growth or of Western capitalism s interrelated long-term stagnation and financialization are derailed precisely by political aversion to, or ignorance of, Marxist categories and analyses. The chapters in the second part extend Marxist insights into assessing the value of the so-called information, or knowledge-based, commodities, and offer a Marxist critique of Lenin, the only world leader who earlier had deeply studied his own country's economy. The part also presents two important works in translation. The first, read in Russian by Marx himself, raises serious questions about the relevance of Hegel in the understanding of Capital and offers its own insightful analysis. The other, by a Marxist collective in the 1970s demonstrates the centrality of politics and the class struggle in the simplistically conceived economic devalorization of constant capital. The final part contains a debate on the merits of positivist Marxism sparked by an article in Volume 26 of this research series.

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