Author : James Boyd White
Publisher : University of Chicago Press
Page : 328 pages
File Size : 21,83 MB
Release : 1985-12-15
Category : Law
ISBN : 0226894932
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
Author : Nicolás M. Perrone
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 15,78 MB
Release : 2021-02-11
Category : Law
ISBN : 0198862148
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Author : Ian Ward
Publisher : Cambridge University Press
Page : 258 pages
File Size : 15,87 MB
Release : 1999-07
Category : Drama
ISBN : 9780406988034
This work offers an analysis of constitutional law, examining Shakespeare's plays as legal texts. Professor Ward uses the plays as a starting point to investigate the development of constitutional ideas such as sovereignty, commonwealth, conscience and moral law, and the art of government. In the developing area of law and literature, this book examines how Shakespeare's work offers a rich source of textual material on legal subjects.
Author : Alan Watson
Publisher : University of Pennsylvania Press
Page : 177 pages
File Size : 49,33 MB
Release : 2016-12-09
Category : Law
ISBN : 1512821578
In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.
Author : Richard Mullender
Publisher : Routledge
Page : 266 pages
File Size : 21,51 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 : Russell L. Dees
Publisher : Taylor & Francis
Page : 174 pages
File Size : 28,10 MB
Release : 2022-07-29
Category : Law
ISBN : 1000626105
Great Trials and the Law in the Historical Imagination: A Law and Humanities Approach introduces readers to the history of law and issues in historical, legal, and artistic interpretation by examining six well-known historical trials through works of art that portray them. Great Trials provides readers with an accessible, non-dogmatic introduction to the interdisciplinary ‘law and humanities’ approach to law, legal history, and legal interpretation. By examining how six famous/notorious trials in Western history have been portrayed in six major works of art, the book shows how issues of legal, historical, and artistic interpretation can become intertwined: the different ways we embed law in narrative, how we bring conscious and subconscious conceptions of history to our interpretation of law, and how aesthetic predilections and moral commitments to the law may influence our views of history. The book studies well-known depictions of the trials of Socrates, Cicero, Jesus, Thomas More, the Salem ‘witches’, and John Scopes and provides innovative analyses of those works. The epilogue examines how historical methodology and historical imagination are crucial to both our understanding of the law and our aesthetic choices through various readings of Harper Lee’s beloved character, Atticus Finch. The first book to employ a ‘law and humanities’ approach to delve into the institution of the trial, and what it means in different legal systems at different historical times, this book will appeal to academics, students and others with interests in legal history, law and popular culture and law and the humanities.
Author : Erin Sheley
Publisher : Edinburgh University Press
Page : 264 pages
File Size : 17,50 MB
Release : 2020-04-02
Category : Law
ISBN : 1474450121
Through interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers how the cultural narrative affected the development of the law itself in the 18th and 19th centuries in three case studies: adultery, child criminality and rape testimony.
Author : Amalia Amaya
Publisher : Bloomsbury Publishing
Page : 457 pages
File Size : 32,71 MB
Release : 2020-02-06
Category : Law
ISBN : 1509925147
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Author : Steven Robert Wilf
Publisher : Lexington Books
Page : 260 pages
File Size : 16,21 MB
Release : 2008
Category : History
ISBN : 9780739123140
This book is a study in the law that exists before the beginnings of law. It looks at one foundational moment, the giving of the Torah at Mount Sinai. Drawing upon nearly two thousand years of Hebrew commentary, often scattered and fragmentary, The Law Before the Law seeks to ...
Author : Jiří Přibáň
Publisher : Routledge
Page : 176 pages
File Size : 19,4 MB
Release : 2021-09-30
Category : Law
ISBN : 1000456099
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
