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The Anarchist before the Law: Law without Authority

The Anarchist before the Law: Law without Authority

  • 作者:
  • 出版商: Edinburgh University Press
  • ISBN: 9781399513180
  • 出版时间 February 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
AU$188.96
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  • 描述 
  • 大纲 
  • 详细

    Explores the critical encounter between anarchism and law.

    • Explores the critical encounter between anarchism and legal philosophy
    • Develops an original anarchist theory of law without authority and coercion
    • Shows how anarchism can cast fresh light on questions of jurisprudence, state sovereignty, political obligation, legal violence, civil disobedience and human rights
    • Draws on continental and analytical approaches to legal theory

    When might an anarchist need a good lawyer? Why do radical activists committed to revolutionary change often have to work within the limits of the law? Can a judge also be an anarchist?

    This book is an exploration of a paradoxical, yet necessary, encounter between anarchism and the law. Anarchism offers the most radical critique of the principle of legal authority and, as such, poses essential questions that legal philosophy must respond to regarding political obligation and the legitimacy of coercion. At a time when the law is in a state of crisis, it becomes crucial to interrogate its founding principles and ethical limits.

    Through an exploration of the anarchist tradition, and engaging with contemporary continental and analytical approaches to questions of jurisprudence, state sovereignty, violence, civil disobedience and human rights, this book develops an original anarchist theory of legal institutionalism and a concept of law without authority and coercion.

  • Chapter 1 - Classical anarchism and legal authority
    Chapter 2 - Anarchism and law: a jurisprudential conundrum
    Chapter 3 - The long arc of anarchy: a source of modernity
    Chapter 4 - Carl Schmitt and the anarchists
    Chapter 5 - Autoimmunity and the problem of legal foundation
    Chapter 6 - Still a cold monster? On the dual nature of the state
    Chapter 7 - On violence
    Chapter 8 - Disobedience
    Chapter 9 - Human rights
    Conclusion - Law without coercion: on the possibilities of an anarchist legal system

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