Johan Willem Gous Van der Walt's Books

Law and Sacrifice

Towards a Post-apartheid Theory of Law

By: J. C. Van der Walt,Johan Willem Gous Van der Walt

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Law and Sacrifice

Towards a Post-apartheid Theory of Law

By: J. C. Van der Walt,Johan Willem Gous Van der Walt

Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism.

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Page Count

328

Publisher

Psychology Press

Published Date

ISBN 10

1859419860

ISBN 13

9781859419861

The Concept of Liberal Democratic Law

By: Johan van Der Walt

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The Concept of Liberal Democratic Law

By: Johan van Der Walt

This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.

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Page Count

289

Publisher

Routledge

Published Date

ISBN 10

0429594704

ISBN 13

9780429594700

The Literary Exception and the Rule of Law

By: Johan Van Der Walt

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The Literary Exception and the Rule of Law

By: Johan Van Der Walt

Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The Law and Literature movement that has gained global prominence in the course of last decades of the twentieth and first decades of the twenty first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses - suggesting they deal with the same moral concerns - or a rhetorical, semiotic or general linguistic comparability or 'sameness' between them - imputing to both the same or very similar narrative structures. This book recognises the wealth of knowledge generated by this approach to the relation between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory"--

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Page Count

352

Publisher

Routledge

Published Date

ISBN 10

1003121861

ISBN 13

9781003121862

Law and Sacrifice

Towards a Post-apartheid Theory of Law

By: J. C. Van der Walt,Johan Willem Gous Van der Walt

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Law and Sacrifice

Towards a Post-apartheid Theory of Law

By: J. C. Van der Walt,Johan Willem Gous Van der Walt

Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism.

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

328

Publisher

Psychology Press

Published Date

ISBN 10

1859419860

ISBN 13

9781859419861

Book's by Johan Willem Gous Van der Walt

Law and Sacrifice

Law and Sacrifice

The Concept of Liberal Democratic Law

The Concept of Liberal Democratic Law

The Literary Exception and the Rule of Law

The Literary Exception and the Rule of Law

Law and Sacrifice

Law and Sacrifice

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