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Preface | |
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List of Tables and Figures | |
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Acknowledgements | |
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Introduction | |
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An analgesic? | |
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Reading | |
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Why jurisprudence? | |
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Descriptive and normative legal theory | |
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Is eating people wrong? | |
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The point of legal theory | |
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Notes | |
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Natural law | |
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What is natural law? | |
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The development of natural law philosophy | |
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Natural law in political philosophy | |
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Hobbes | |
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Locke | |
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Rousseau | |
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The decline of natural law | |
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The revival of natural law | |
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Fuller's 'inner morality of law' | |
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John Finnis | |
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Hard and soft natural law? | |
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Moral realism | |
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Critique | |
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Questions | |
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Further Reading | |
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Notes | |
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Classical legal positivism | |
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What is legal positivism? | |
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What positivism is not | |
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Jeremy Bentham: the Luther of jurisprudence? | |
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In search of determinacy | |
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Judge & Co. | |
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Codification | |
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John Austin: naive empiricist? | |
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Imperatives | |
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Laws properly so called | |
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Law and power | |
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Bentham and Austin compared | |
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Their general approaches | |
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The definition of law | |
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Commands | |
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Sovereignty | |
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Sanctions | |
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Questions | |
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Further Reading | |
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Notes | |
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Modern legal positivism | |
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The foundations | |
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Hard and soft positivism | |
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H. L. A. Hart | |
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Hart as legal positivist | |
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'Minimum content of natural law' | |
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Breaking with Austin and Bentham | |
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Law and language | |
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Law as a system of rules | |
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Social rules | |
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Secondary rules | |
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The rule of recognition | |
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The existence of a legal system | |
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The 'internal point of view' | |
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The judicial function | |
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'An essay in descriptive sociology'? | |
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Critique | |
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Hans Kelsen | |
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Unadulterated law | |
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A Hierarchy of norms | |
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The Grundnorm | |
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Validity, efficacy, and revolution | |
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International law | |
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Kelsen and Kant | |
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Democracy and the rule of law | |
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Critique | |
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Joseph Raz | |
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The 'sources thesis' | |
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Practical reason | |
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Committed and detached statements | |
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Critique | |
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Questions | |
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Further Reading | |
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Notes | |
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Law as interpretation | |
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An overview | |
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The assault on positivism | |
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Principles and policies | |
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Hercules and hard cases | |
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One right answer | |
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The semantic sting | |
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The rights thesis | |
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Law as literature | |
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Law as integrity | |
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Community | |
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The assault on Dworkin | |
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Questions | |
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Further Reading | |
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Notes | |
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Law and morality | |
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Morals | |
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Natural law v positivism | |
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Hart v Fuller | |
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Judicial morality: a case study | |
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Moral questions | |
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Semantic questions | |
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Public or private morality? | |
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The judge's duty | |
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The judge's choice | |
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The judge's capitulation | |
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The judge and the lawyer | |
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Questions | |
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Further Reading | |
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Notes | |
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Legal realism | |
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What are realists realistic about? | |
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American Realism | |
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Oliver Wendell Holmes | |
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Karl Llewellyn | |
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Jerome Frank | |
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The American Realist method | |
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The Scandinavian Realists | |
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Alf Ross | |
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Karl Olivecrona | |
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Critique | |
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Realism and psychology | |
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Questions | |
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Further Reading | |
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Notes | |
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Law and social theory | |
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What is a sociological perspective? | |
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Roscoe Pound | |
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Social interests and 'jural postulates' | |
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Critique of Pound | |
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Eugen Ehrlich | |
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Emile Durkheim | |
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Law and social solidarity | |
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The function of punishment | |
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Critique of Durkheim | |
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Max Weber | |
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Weber's typology of law | |
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Weber's theory of legitimate domination | |
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Capitalism and law | |
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Critique of Weber | |
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Karl Marx | |
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Historicism | |
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Base and superstructure | |
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Ideology | |
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Goodbye to law? | |
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Legal fetishism | |
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Conflict or consensus? | |
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Michele Foucault | |
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Power | |
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The law | |
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Critique | |
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Jurgen Habermas | |
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The modern state | |
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The law | |
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Critique | |
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Autopoiesis | |
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Whither the sociology of law? | |
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Questions | |
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Further Reading | |
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Notes | |
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Justice | |
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Utilitarianism | |
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Consequences | |
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Preferences | |
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Critique of utilitarianism | |
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The economic analysis of law | |
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Robert Nozick | |
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John Rawls | |
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The rejection of utilitarianism | |
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Social contractarianism | |
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The original position | |
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The two principles of justice | |
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Political liberalism | |
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Critique of Rawls | |
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Questions | |
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Further Reading | |
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Notes | |
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Rights | |
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What is a right? | |
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Theories of rights | |
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Right-based theories | |
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Human rights | |
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Communitarianism | |
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Relativism | |
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Utilitarianism | |
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Socialism | |
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Legal positivism | |
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Critical theory | |
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The future of human rights | |
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Animal rights | |
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Subjectivism and intuitionism | |
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Utilitarianism | |
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Can animals have rights? | |
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Social contractarianism | |
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Intrinsic worth | |
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The rights of animals | |
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Freedom of expression: a case study | |
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Individual or community? | |
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Speaker or audience? | |
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The argument from truth | |
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Self-government | |
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Press freedom | |
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The First Amendment | |
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Speech and action | |
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Balancing | |
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Questions | |
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Further Reading | |
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Notes | |
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Feminist and critical race theory | |
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Origins of feminism | |
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Legal feminisms | |
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Liberal feminism | |
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Radical feminism | |
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Postmodern feminism | |
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Difference feminism | |
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Other feminisms | |
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Critique | |
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Critical Race Theory | |
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CRT and feminist theory | |
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CRT and postmodernism | |
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Questions | |
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Further Reading | |
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Notes | |
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Critical legal theory | |
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Critical Legal Studies | |
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Trashing CLS? | |
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Postmodern legal theory | |
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What is it? | |
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The death of the subject | |
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Jacques Lacan | |
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Jacques Derrida | |
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Foucault and Habermas | |
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The postmodern agenda | |
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Language | |
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Critical theory and individual rights | |
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Critique | |
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Questions | |
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Further Reading | |
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Notes | |
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Glossary | |
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Index | |