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Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1995.
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Law in the Courts of Love traces the literary history and diversity of past legal systems. These 'minor jurisprudences' range from the spiritual laws of the courts of conscience to the code and judgements of love handed down by women's courts in medieval France. Professor Goodrich presents the 15th Century Courts of Love in Paris as one instance of an alternative jurisdiction drawn from the diversities of the legal and literary past. Their textual records are correspondingly mixed in genre, being in the form of poems, narratives, plays, treaties and judicial decisions. More broadly, these studies trace certain boundaries of modern law and make up one of many forms of legal knowledge which escape today's vision of a unitary law. The author believes that the unquesionable faith in a unity law and its distance from person and emotion is precisely what makes impossible the attention to the individual that justice ultimately requires. Law in the Courts of Love shows how the historical diversity of forms and procedures of law can competently form the basis for critical revisions of contemporary legal doctrine and professional practice. This book will be of interest to undergraduate and postgraduate students of law and literature, critical legal studies and legal history, or anyone wishing to specialise in feminist legal theory.
Legal and political theorist, common lawyer and parliamentary leader, historian and polyglot, John Selden (1584–1654) was a formidable figure in Renaissance England, whose real importance and influence are now being recognized once again. John Selden and the Western Political Tradition highlights his important role in the development of such early modern political ideas as modern natural law and natural rights, national identity and tradition, the political integration of church and state, and the effect of Jewish ideas on Western political thought. Selden's political ideas are analysed in the context of his contemporaries Grotius, Hobbes and Filmer. The book demonstrates how these ideas informed and influenced more familiar works of later thinkers like Burke.