Beyond doctrine : alternative and critical approaches to law / Harry Hobbs, Jeremy Patrick.

Alexandria, N.S.W. : The Federation Press, 2025.

1st edition

202764

Jurisprudence -- Australia.

Law -- Methodology.

Law -- Philosophy.

Law -- India -- Interpretation and construction.

Introduction

1. Legal history

2. The point of legal philosophy

3. Comparative law

4. A field by any other name, or the field FKA law and humanities

5. Qualitative research methods

6. Quantitative empirical legal studies

7. Law and economics

8. Marxist approaches to law

9. Legal realism

10. Critical race theory

11. Feminist legal theory

12. Decolonialism

13. Aboriginal legal traditions

14. Queer legal theory

15. Postmodernism and poststructuralism

16. Disability studies and the law

17. Earth jurisprudence

Conclusion. Law beyond doctrine.

Traditionally law has been viewed as a system of rules to be analysed and applied with mechanical logic. But instead of thinking of law as a "closed" system that can only be understood through traditional legal research and analysis, it can be conceptualised as an "open" system in which insights, approaches, and influences from other disciplines can be brought to bear. Beyond Doctrine: Alternative and Critical Approaches to Law is the first comprehensive Australian resource for approaching law as something more than a system of rules. This edited collection includes contributions from an impressive array of Australian scholars, each of whom specialises in thinking about law from a different perspective. Whether viewing law as a tool to legitimise oppression (Marxism), as a mechanism to provide the most efficient outcomes (law and economics), as an artefact of particular historical events and forces (legal history), as a method to impose and undo gender hierarchies (Queer and feminist legal theory), as the means to explain – and perhaps ameliorate – the effects of the “Age of Discovery” (decolonialisation studies), and much more, these theories ask us to think more deeply about law and what it means. Beyond Doctrine provides an authoritative and thoughtful introduction to different legal methodologies and situates those methodologies in an Australian context. - Publisher's website.

Includes bibliographical references and index.

9781760025625

xiv, 304 pages ; 24 cm