Synopses & Reviews
In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers.
Review
"[The author] has identified topics that are important and fundamental to legal philosophy and has written about them in an interesting and accessible way."--G. Edward White, University of Virginia School of Law
Synopsis
The massacre of Algerian demonstrators by the Paris police on the night of 17 October 1961 is one of the most contested events in contemporary French history. This book provides a multi-layered investigation of the repression through a critical examination of newly opened archives, oral
sources, the press and contemporary political movements and debates. The roots of violence are traced back to counter-insurgency techniques developed by the French military in North Africa and introduced into Paris to crush the independence movement among Algerian migrant workers. The study shows
how and why this event was rapidly expunged from public visibility in France, but was kept alive by immigrant and militant minorities, to resurface in a dramatic form after the 1980s. Through this case-study the authors explore both the dynamics of state terror as well as the complex memorial
processes by which these events continue to inform and shape post-colonial society.
Table of Contents
Introduction
Part I: The Legal System
1. The Rule of Law
2. Law
3. Rules and Discretions
4. Discourse
Part II: Some Ultimate Values
5. Justice
6. Desert
7. Consent
8. Morality
Part III: Morality in the Law
9.
10. Efficiency
11. Loyalty
12. Consistency
Index