Exploiting the Limits of Law by Åsa Gunnarsson, Eva-Maria Svensson

By Åsa Gunnarsson, Eva-Maria Svensson

Relocating past the query of no matter if a space of scholarly research can actually be characterised as 'legal', "Exploiting the boundaries of legislations" combats the customarily unhelpful constraints of law's subject-matter and formal tactics. via a means of mirrored image at the limits of legislations and repeated efforts to redraw them, this publication demanding situations the final experience of pessimism between feminists and others in regards to the usefulness of legislations as an tool of change.The paintings combines theoretical research of the law's obstacles with research of the sensible settings for altering felony and coverage environments. either the empirical concentration of this quantity, and its underlying theoretical drawback with the boundaries of the legislation and its gender implications, render it of curiosity to criminal students during the global, even if of ecu legislation, feminism, social coverage or philosophy.

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In boundary-work, a concept used and explored by the sociologist of science, Thomas F. Gieryn, the focus is put on the process of establishing boundaries, which denotes the work done by contestants aiming to win credibility contests concerning epistemic authority. Epistemic authority ‘…is enacted as people debate (and ultimately decide) where to locate the legitimate jurisdiction over natural facts’ (Gieryn 1999, 15). In legal scholarship, the issue is not to locate the legitimate jurisdiction over natural facts but over the academic field as such.

4 the model of boundary-work between the established and the revolutionary positions has been contextualized in late 20th century legal scholarship (from the 1980s and onwards), as the dogmatic position, opposed to the critical. The critical includes several perspectives of criticism, each with different starting points. In his book Critical Legal Positivism, Tuori has analysed various critical positions. He argues that critique is directed at unmasking the normative positions of dogmatic scholarship, but points out that such ‘unmasking’ criticism itself often contains implicit normative elements.

E. between the normative and the realistic approaches). It was rather a conflation of or a compromise between the established (normative) and the revolutionary positions (realistic). Mainstream legal knowledge became characterized by its non-theoretical and pragmatic approach, mainly focusing on systematization of the law and descriptions of current law. Taking up the formal-logical direction became the activity of a small circle of jurisprudence scholars, detached from legal knowledge in general (Wennström 9 Agge used the term constructive and not pragmatic, but pragmatic seems to be more accurate.

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