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Author : Robin West
Publisher : University of Michigan Press
Page : 458 pages
File Size : 44,34 MB
Release : 1993
Category : Law
ISBN : 9780472103652
Challenges the moral basis for the authority of law
Author : L. H. LaRue
Publisher : Penn State Press
Page : 172 pages
File Size : 17,44 MB
Release : 2010-11-01
Category : Law
ISBN : 0271039272
Author : Peter Brooks
Publisher : Yale University Press
Page : 316 pages
File Size : 21,90 MB
Release : 1996-01-01
Category : Law
ISBN : 9780300146295
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.
Author : Moshe Simon-Shoshan
Publisher : OUP USA
Page : 304 pages
File Size : 21,94 MB
Release : 2012-03-30
Category : Law
ISBN : 0199773734
Simon-Shoshan examines the neglected genre of rabbinic legal stories, arguing that this genre is crucial to understanding both rabbinic jurisprudence and rabbinic story-telling and challenging traditional distinctions between law and literature.
Author : David Alan Black
Publisher : University of Illinois Press
Page : 212 pages
File Size : 45,70 MB
Release : 1999
Category : Law
ISBN : 9780252067655
The courtroom, like the movie theater, is an arena for the telling and interpreting of stories. Investigators piece them together, witnesses tell them, advocates retell them, and judges and juries assess their plausibility. These narratives reconstitute absent events through words, and their filming constitutes a double narrative: one important cultural practice rendered in the terms of another. Drawing on both film studies and legal scholarship, David A. Black explores the implications of representing court procedure, as well as other phases of legal process, in film. His study ranges from an inquiry into the common metaphorical ground between film and law, explored through "the detective" and "the witness," to a critical survey of legal writings about the cinema, to close analyses of key films about law. In examining multiple aspects of law in film, Black sustains a focus on the central importance of narrative while also unearthing the influences--pleasure in film, power in law--that lie beyond the narrative realm. Black's penetrating study treats questions of narrative authority and structure, social authority, and cultural history, revealing the underlying historical, cultural, and cognitive connections between legal and cinematic practices.
Author : Joseph R. Slaughter
Publisher : Fordham Univ Press
Page : 436 pages
File Size : 23,75 MB
Release : 2009-08-25
Category : Literary Criticism
ISBN : 0823228193
In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.
Author : Goodrich, Peter
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 35,82 MB
Release : 2022-03-22
Category : Law
ISBN : 1839102268
In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.
Author : Guyora Binder
Publisher : Princeton University Press
Page : 557 pages
File Size : 25,62 MB
Release : 2000-02-22
Category : Literary Criticism
ISBN : 1400823633
In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
Author : T. Wallace
Publisher : Springer
Page : 163 pages
File Size : 38,67 MB
Release : 1995-03-13
Category : Literary Criticism
ISBN : 0230372945
In Jane Austen and Narrative Authority, Tara Ghoshal Wallace argues that far from embodying ideological and technical serenity, Austen's novels articulate a range of anxieties about authorship and authority. The novels experiment in different ways with possible sources and the ultimate failures of authority, always returning to the compromised figure of the narrator. Wallace suggests that Austen's novelistic output can be read as a theory of interpretation, thematizing problems of narrative authority and readers' resistance.
Author : G.C. van Roermund
Publisher : Springer Science & Business Media
Page : 270 pages
File Size : 37,82 MB
Release : 2013-03-09
Category : Law
ISBN : 9401720517
This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.