Author : Kieran Dolin
Publisher : Cambridge University Press
Page : 246 pages
File Size : 44,28 MB
Release : 1999-06-13
Category : History
ISBN : 0521623324
This work explores the relationship between law and literature in canonical texts from Victorian and Modernist periods.
Author : Hans J. Lind
Publisher : Routledge
Page : 244 pages
File Size : 19,34 MB
Release : 2020-04-14
Category : Law
ISBN : 0429887612
Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.
Author : Richard Mullender
Publisher : Routledge
Page : 266 pages
File Size : 15,78 MB
Release : 2020-05-12
Category : Law
ISBN : 1000066835
This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Author : Dieter Paul Polloczek
Publisher : Cambridge University Press
Page : 279 pages
File Size : 41,68 MB
Release : 1999-09-09
Category : Literary Criticism
ISBN : 1139426435
The intersection between law and literature is a developing area in literary studies. Existing work has argued that literature provides an imaginary forum in which legal ideals and practices may be tested. In Literature and Legal Discourse: Equity and Ethics from Sterne to Conrad Dieter Polloczek develops this idea by comparing the notion of equity, or ethics, in fiction with its legal equivalent. He shows how the novel, with its increasing social scope and formal sophistication, provided a means of transmitting, questioning and refining society's traditions, values and modes of self-questioning. Polloczek analyses the links between actual legal fictions like substituted judgements, notions of equity, literary tropes and the construction and representation of social bonds through sentiment, philanthropy and marginalisation. Pollozcek's study is both theoretical and historical, covering a period that extends from the eighteenth century to the modernist period, and texts from Sterne, Dickens, Bentham and Conrad.
Author : Stanislaw Gozdz Roszkowski
Publisher : Routledge
Page : 247 pages
File Size : 17,26 MB
Release : 2021-11-25
Category : Language Arts & Disciplines
ISBN : 100048386X
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Author : Sanford Levinson
Publisher : Northwestern University Press
Page : 524 pages
File Size : 34,91 MB
Release : 1988
Category : Law
ISBN : 9780810107939
From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Author : R. Schur
Publisher : Palgrave Macmillan
Page : 257 pages
File Size : 12,74 MB
Release : 2010-01-13
Category : Literary Criticism
ISBN : 9781349382439
This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.
Author : Archie Zariski
Publisher : Athabasca University Press
Page : 220 pages
File Size : 11,36 MB
Release : 2014-10-01
Category : Law
ISBN : 192735644X
To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.
Author : Girolamo Tessuto
Publisher : Cambridge Scholars Publishing
Page : 335 pages
File Size : 39,6 MB
Release : 2016-05-11
Category : Language Arts & Disciplines
ISBN : 1443893269
Over recent decades, legal language and its representation of social action, social actors and social practices have provided systematic insights into the meaning and function of text, discourse or talk realised in academic, professional and institutional sites of communication, and generated a variety of data for analysis, method and theory. Constructing Legal Discourses and Social Practices, the first issue of the Legal Discourse and Communication international series, looks descriptively and interpretatively at the realised forms of legal discourse and how these are framed and organised by social practices within distinctive sites of legal communication. The four main parts of the book provide a broad coverage of key issues and perspectives arising from a variety of genres (spoken, as well as written) employed in institutional, professional and organisational communication of the law, and bring into focus recent research where language and law play out in the real world. This invaluable book is multi-dimensional and multi-perspectival in its design and implementation, and will be an essential reference for those researching and working in the areas of applied linguistics and for postgraduate students.
Author : Emily Steiner
Publisher : Cornell University Press
Page : 276 pages
File Size : 32,74 MB
Release : 2002
Category : History
ISBN : 9780801487705
Scholars have long been aware of the looming presence of law in medieval English literature, from Christ as a litigious redemptor to Chaucer's deal-making Host in The Canterbury Tales. Most scholarly work on the subject has been confined either to tracking down representations of legal practices in texts or to examining formal questions relating to legal discourse. In a groundbreaking departure, The Letter of the Law suggests that law and literature should be understood as parallel forms of discourse -- at times complementary, at times antagonistic, but always mutually illuminating. Emily Steiner and Candace Barrington maintain that medievalists are uniquely placed to make valuable new contributions to the subject of law and literature, in part because of the inherently interdisciplinary nature of the study of medieval law, inseparable as it was from political theory and theology. Treating texts as varied as Chaucer's Knight's Tale, the fifteenth-century Robin Hood ballads, and William Thorpe's account of his own heresy trial, the nine never-before-published essays in this volume reveal the intersections of legal and documentary culture with vernacular literary production. They establish that law and English literature were intimately bound up in processes of institutional, linguistic, and social change, and they explain how the specific conditions of medieval law and literature offer useful models in studying later periods. An appendix contains a translation by Andrew Galloway of History or Narration Concerning the Manner and Form of the Miraculous Parliament at Westminster in the Year 1386.
