This semester, in my philosophy of law class, my students and I have attempted to work our way through a collection of ‘critical legal studies‘ articles; these run the gamut from critical legal histories to feminist legal theory to critical race theory. The reactions of my students to these pieces, and in particular to theContinue reading “Critiquing The Law And Discomfort”
Tag Archives: critical legal studies
Dear Men, Shut Up About ‘Due Process’ Already
From sea to shining sea, on social media pages nationwide, brave men are taking up cudgels on behalf of their brothers-in-sex-and-gender, the ones whose lives are facing ruination because of this country’s #MeToo moment, as accusation after accusation of sexual harassment and assault issue forth from women who’ve previously remained silent. In each case, theirContinue reading “Dear Men, Shut Up About ‘Due Process’ Already”
Catharine MacKinnon’s Feminist Jurisprudence In The Classroom
Next week, students in my Philosophy of Law class will read and discuss Catharine MacKinnon‘s ‘Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence‘ (Signs, Vol. 8, No. 4 (Summer, 1983), pp. 635-658). MacKinnon’s writings have featured once before on my reading lists–for my graduate ‘Nature of Law’ seminar at the City University Graduate CenterContinue reading “Catharine MacKinnon’s Feminist Jurisprudence In The Classroom”
A Persistent Difficulty In Teaching Philosophy Of Law
This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”
Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals
The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”
The Right Body Language For A Court Appearance
On Wednesday morning, I reported to the New York City Criminal Court to be arraigned on charges of disorderly conduct stemming from my arrest during a civil disobedience protest staged outside the office of the governor of New York State, Andrew Cuomo, on March 24th. The day proceeded along lines similar to those I had reported inContinue reading “The Right Body Language For A Court Appearance”
Critical Theory And The Nature Of Law
My graduate seminar on ‘The Nature of Law‘ read and discussed critical race theory this past week. I’ve–along with my students–been thinking about the relationship of critical material like this–along with the critical legal studies readings we did over the last two weeks–to the definitional and foundational debates that so occupied us in the beginning ofContinue reading “Critical Theory And The Nature Of Law”
Fearing Tenure: The Loss Of Community
In ‘The Clouded Prism: Minority Critique of the Critical Legal Studies Movement‘, Harlan L. Dalton wrote: I take it that everyone drawn to CLS is interested in specifying in concrete terms the dichotomy between autonomy and community. If so, talk to us. Talk TO us. Listen to us. We have lots to say, out ofContinue reading “Fearing Tenure: The Loss Of Community”
Springing Back To Teaching
I return to teaching tomorrow. The 2015 spring semester kicks off at 9:30 AM with the first meeting of my ’20th Century Philosophy’ class. The class’ description reads: This course will serve as an introduction to some central themes in the twentieth-century’s analytic, post-analytic (or neo-pragmatic), and continental traditions. Time permitting, the philosophers we willContinue reading “Springing Back To Teaching”
Geertz on Comparative Anthropology and the Law-Fact Distinction
(Continuing my series of notes on Clifford Geertz’s Local Knowledge: Further Essays in Interpretive Anthropology, Basic Books, New York, 1983; earlier notes appear here and here.) Geertz’s Local Knowledge: Fact and Law in Comparative Perspective (first presented as the Storrs Lectures for 1981 at Yale Law School; an online version is available) should be essential reading for philosophers of law.Continue reading “Geertz on Comparative Anthropology and the Law-Fact Distinction”
Samir Chopra 