Law and Reflexive Politics

Law and Reflexive Politics
Author : E.A. Christodoulidis
Publisher : Springer Science & Business Media
Total Pages : 336
Release : 2001-11-30
ISBN 10 : 1402002831
ISBN 13 : 9781402002830
Language : EN, FR, DE, ES & NL


Law and Reflexive Politics argues against the dominant recent r̀epublican' trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, Unger, Ackerman and others it argues that the law cannot, as these theorists would have it, contain the politics of civil society and exhaust what these politics are about. The first part of the book explores the recent trends in legal and political theory that suggest the internal linking of democracy and law. The second part is a critique of these positions through an application of systems theory, but one that offers an internal critique of systems theory itself as well as a study of the inter-relationships between law, politics and conflict. The final part advances a suggestion for a definition, or re-conceptualisation, of the political as r̀eflexive', that will re-politicise law's rendering of conflict, political action and identity. What is s̀tilled' by the law here becomes contested terrain again and, as such, political.

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