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Reading The Legal Case

Author: Marco Wan
Publisher: Routledge
ISBN: 113632884X
Size: 74.15 MB
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This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into dialogue with the humanities. What happens when a legal case is read not only by lawyers, but by literary critics, by linguists, by philosophers, or by historians? How do film makers and writers adapt and transform legal cases in their work? How might one interpret fiction in the context of the historical development of the common law? The essays in this volume test the boundaries of the legal case as a genre by inviting perspectives from other disciplines, and in doing so also raise more fundamental questions of what constitutes law and legal thinking. This book will be of interest to anyone seeking a better understanding of the common law, the humanities, and the intersection between them.

Law And Literature

Author: Kieran Dolin
Publisher: Cambridge University Press
ISBN: 1108395252
Size: 40.87 MB
Format: PDF
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Law and Literature presents an authoritative, fresh and accessible new overview of the many ways in which law and literature interact. Written by a team of international experts, it provides a multi-focused history of literary studies' critical interest in ideas of law and justice. It examines the effects of law on writers and their work, ranging from classical tragedy to comics, and from East Africa to Elizabethan England. Over twenty chapters, contributors reveal the intricate and multivalent historical interactions between law and literature, both past and present, and trace the intellectual genesis of the concept of law in literary studies, focusing on major developments in the history of the interdisciplinary project of law and literature, as well as the changing ideas of law, and the cultural contests in which it has figured. Law and Literature will appeal to graduates and scholars working on the intersection between law and literature and in key related areas such as literature and human rights.

Word Meaning And Legal Interpretation

Author: Christopher Hutton
Publisher: Macmillan International Higher Education
ISBN: 1137016167
Size: 21.47 MB
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This textbook offers a concise introduction to key concepts in the study of meaning and interpretation taken from linguistics, philosophy and the law. A range of actual cases that involve ordinary words, commonsense categories and problems of classification are explored and clearly explained for readers who want to learn more but lack the legal background. Word Meaning and Legal Interpretation: • provides a strong sense of the texture of legal problems • includes detailed summaries and analyses of cases from common law jurisdictions • equips the reader for more advanced studies in language and the law, legal theory and legal interpretation This is an ideal primer for language and law, forensic linguistics and applied linguistics students who wish to explore this fascinating field.

Genealogies Of Legal Vision

Author: Peter Goodrich
Publisher: Routledge
ISBN: 1317683900
Size: 55.26 MB
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It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control. Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.

Unjust Justice

Author: Chantal Delsol
Publisher: Intercollegiate Studies Institute
ISBN: 9781610171373
Size: 50.78 MB
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The contemporary democratic humanitarian is a staunch proponent of “international law” and “international justice” as a way for the Western world to do penance for its missionary, colonial, and imperial past. However, argues the French philosopher Chantal Delsol, this purportedly humanitarian project is deeply flawed in its premises, means, and ends. InUnjust Justice, Delsol shows that as the favorite weapons in today's “progressive” arsenal, the ideals and institutions of international law reflect the very moralistic dogmatism and inquisitorial spirit that the Enlightenment originally sought to replace. Older liberals, such as Montesquieu and Kant, were aware of the tyrannical potential of Enlightenment thought. Montesquieu therefore mounted a sturdy defense of human cultural and political diversity, and Kant distinguished sharply between the moral and the legal order. Contemporary progressives, on the other hand, betray a naïve and moralistic glibness. Delsol deflates their pretensions, unmasks their hypocrisies, and exposes the logic of their tyrannical methods. In so doing, she defends those real human and political values that are threatened by the contemporary zeal for international law.

Lectures On The Relation Between Law And Public Opinion In England During The Nineteenth Century

Author: Albert Venn Dicey
Publisher: Routledge
ISBN: 1351509195
Size: 59.67 MB
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The famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.

Legal History Of The Color Line

Author: Frank W. Sweet
Publisher: Backintyme
ISBN: 0939479230
Size: 24.86 MB
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This analysis of the nearly 300 appealed court cases that decided the "race" of individual Americans may be the most thorough study of the legal history of the U.S. color line yet published.

Law Psychoanalysis Society

Author: Maria Aristodemou
Publisher: Routledge
ISBN: 1134640455
Size: 41.41 MB
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'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like ‘guilt’ and ‘innocence’, ‘truth’ and ‘lies’, ‘reason’ and ‘reality’, ‘freedom’ and ‘responsibility’, ‘cause’ and ‘punishment’, acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether ‘it is not psychology that deserves the mockery but the procedure of judicial enquiry’. A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.