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Beyond Doctrine eBook

Alternative and Critical Approaches to Law

Editor

,

ISBN

9781760025632

Publication date

11/08/2025

Format

eBook

Page extent

320

AUD $130.00 gst included

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. It will appeal to students of legal methodology courses and legal scholars.

Acknowledgments
Foreword
Chapter 1: Introduction – Harry Hobbs (UNSW) and Jeremy Patrick (USQ)
Chapter 2: Legal History – Shaunnagh Dorsett (UTS)
Chapter 3: The Point of Legal Philosophy – Jonathan Crowe (USQ)
Chapter 4: Comparative Law – Theunis Roux (UNSW)
Chapter 5: A Field by any other Name, or the Field FKA Law and Humanities – Alice Palmer (Melb)
Chapter 6: Qualitative Research Methods – Terry Hutchinson (QUT) and Harry Hobbs (UNSW)
Chapter 7: Quantitative Empirical Legal Studies – Alysia Blackham (Melb)
Chapter 8: Law and Economics – Guy Suttner
Chapter 9: Marxist Approaches to Law – Michael Head (WSU)
Chapter 10: Legal Realism – James Gilchrist Stewart (RMIT)
Chapter 11: Critical Race Theory – Thalia Anthony (UTS)
Chapter 12: Feminist Legal Theory – Ann Genovese (Melb) and Heather Douglas (Melb)
Chapter 13: Decolonialism – Dorothea Anthony (Wollongong)
Chapter 14: Aboriginal Legal Traditions – Kristopher Wilson (UTS)
Chapter 15: Queer Legal Theory – Dr Claerwen O’Hara (La Trobe)
Chapter 16: Postmodernism and Poststructuralism – Matthew Mitchell (Deakin) and Flynn Pervan (Melb)
Chapter 17: Disability Studies & the Law – Darren O’Donovan (La Trobe)
Chapter 18: Earth Jurisprudence – Costa Avgoustinos (UTS)
Conclusion: Law Beyond Doctrine – Harry Hobbs (UNSW) and Jeremy Patrick (USQ)

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