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Essay Question: Consider the various intellectual, social and cultural developments that accompanied the rise of the new negro. What did the efforts of the black social scientists, scholars, artists, writers and activists who pioneered this movement have in common? What were their goals?
Paper needs a: THESIS, GOOD ORGANIZATION, GOOD GRAMMAR, PROPER FORMATTING.
Use library and internet resources (just 1 or 2)
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Question 1
‘How can law be understood in isolation from politics and social values when so much of it is a matter of judicial interpretation (of legislation, constitutional provisions, or the earlier judge made law and of interpreting what judges say?) Surely law in this sense is a moral or political practice of some kind, not just a set of distinctive concepts to analyse?’
Cotterell The Politics of Jurisprudence, A Critical Introduction to Legal Philosophy 2nd ed. 2003. at Chapter 6, p. 145
Differing jurisprudential schools of thought and differing thinkers have critiqued analytic legal positivist theories either in whole or in part. These criticisms come from:
Natural law theorists including Fuller, Finniss and Dworkin ( Chs. 5 and 6)
Legal Realists or Legal Sceptics like Oliver Wendell Holmes or Karl Llewellyn ( Ch. 7)
Feminist thinkers including Carol Gilligan, Catherine MacKinnon and Mary Joe Frug (Ch 8)
Critical Race Theorists including Patricia Williams or Mari Matsuda (Ch 8)
Choose one of these schools of thought, or one of the leading thinkers, and provide a critical and evaluative explanation of their theoretical positions.