Law's Dream of a Common KnowledgeIf knowledge is power, then the power of law can be studied through the lens of knowledge. This book opens up a substantive new area of legal research--knowledge production--and presents a series of case studies showing that the hybridity and eclecticism of legal knowledge processes make it unfruitful to ask questions such as, "Is law becoming more dominated by science?" Mariana Valverde argues that legal decision making cannot be understood if one counterposes science and technology, on the one hand, to common knowledge and common sense on the other. The case studies of law's flexible collage of knowledges range from determinations of drunkenness made by liquor licensing inspectors and by police, through police testimony in "indecency" cases, to how judges define the "truth" of sexuality and the harm that obscenity poses to communities. |
From inside the book
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... feminist and Foucaultian studies of sexuality have shown that " sex " - something traditionally re- garded as a brute presocial fact — is itself produced by the very pro- cesses that claim to discover and study it . The same sociology ...
... feminist legal analysis, queer legal scholarship, and critical race theory. But like all frameworks, it has its limits, and these have become more visible in recent years. The inability of this frame- work to see what Luhmann and ...
... feminists and some critical race theorists—who believe that the only problem with the Enlightenment quest for Truth was that the wrong people were in charge. But it is not necessary to replace one set of grand theorists with another ...
... (feminists, non-Anglo-Saxons, queers, Canadians, etc.) have a privileged access to Truth. The realist epistemology that continues to be employed by most criti- cal students of law in its social context has had the effect of generating ...
... Feminist scholars , for example , have shown that while the rules of evidence may look gender - neutral on their face , they systematically marginalize and even revictimize women testifying about sexual assault . Critical race scholars ...
Contents
1 | |
9780691086989_3CH2 | 28 |
9780691086989_4CH3 | 54 |
9780691086989_5CH4 | 86 |
9780691086989_6CH5 | 112 |
9780691086989_7CH6 | 141 |
9780691086989_8CH7 | 167 |
9780691086989_9CH8 | 193 |
9780691086989_10CH9 | 222 |
9780691086989_11BIB | 229 |
9780691086989_12IND | 241 |