Fiction And The Languages Of Law

Author : Karen Petroski
Publisher : Routledge
Page : 8 pages
File Size : 52,7 Mb
Release : 2018-10-10
Category : Language Arts & Disciplines
ISBN : 9781351163828

Get Book

Fiction and the Languages of Law by Karen Petroski Pdf

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Author : Mark Fortier
Publisher : Routledge
Page : 194 pages
File Size : 50,7 Mb
Release : 2019-05-09
Category : Literary Criticism
ISBN : 9781351203814

Get Book

Literature and Law by Mark Fortier Pdf

The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well as detailed and fascinating studies into areas such as evidence and truth, inheritance, sex, vigilantism and justice. Each chapter examines a number of familiar authors and texts including Shakespeare, Brecht, Austen, Dickens, Ishiguro, Beecher-Stowe, Atwood, Miller. The book also opens up the broader study of law as it relates to culture in such areas as film, television, and digital media and how they affect such issues as a right to privacy, copyright and creative reworking, and censorship. Mark Fortier offers a concise, systemic introduction to the law and legal system for the lay person, covering basic notions of justice and law (fundamental justice, natural law, positive law) and the legal system (common law vs civil law, case law, statute, constitutional law, private law [tort, contract, property], criminal law, equity, basic rules of evidence, stare decisis, the adversarial system) as well as a very handy glossary of legal terms. This is a fascinating guide to a very topical and increasingly relevant area of literary studies.

Author : Michael Freeman,Fiona Smith
Publisher : OUP Oxford
Page : 640 pages
File Size : 44,6 Mb
Release : 2013-02-21
Category : Law
ISBN : 9780191654688

Get Book

Law and Language by Michael Freeman,Fiona Smith Pdf

Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.

Author : L. H. LaRue
Publisher : Penn State Press
Page : 172 pages
File Size : 54,5 Mb
Release : 2010-11-01
Category : Law
ISBN : 9780271039275

Get Book

Constitutional Law as Fiction by L. H. LaRue Pdf

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 434 pages
File Size : 48,5 Mb
Release : 2015-03-11
Category : Law
ISBN : 9783319092324

Get Book

Legal Fictions in Theory and Practice by Maksymilian Del Mar,William Twining Pdf

This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Author : Austin Sarat,Cathrine O. Frank,Matthew Anderson
Publisher : Modern Language Association of America
Page : 0 pages
File Size : 51,6 Mb
Release : 2011-06-01
Category : Language Arts & Disciplines
ISBN : 1603290923

Get Book

Teaching Law and Literature by Austin Sarat,Cathrine O. Frank,Matthew Anderson Pdf

This volume provides a resource for teachers interested in learning about the field of law and literature and shows how to bring its insights to bear in their classrooms, both in the liberal arts and in law schools. Essays in the first section, "Theory and History of the Movement," provide a retrospective of the field and look forward to new developments. The second section, "Model Courses," offers readers an array of possibilities for structuring courses that integrate legal issues with the study of literature, from The Canterbury Tales to current prison literature. In "Texts," the third section, guidance is provided for teaching not only written documents (novels, plays, trial reports) but also cultural objects: digital media, Native American ceremonies, documentary theater, hip-hop. The volume's forty-one contributors investigate what constitutes law and literature and how each informs the other.

Author : Kjell Å Modéer,Martin Sunnqvist
Publisher : Museum Tusculanum Press
Page : 313 pages
File Size : 40,7 Mb
Release : 2012
Category : Law
ISBN : 9788763531610

Get Book

Legal Stagings by Kjell Å Modéer,Martin Sunnqvist Pdf

In this book, a group of lawyers and legal historians help to identify the new Nordic legal map, which is under construction. This book is a collection of papers addressing legal staging, and most of the articles combine theoretical approaches to the visuality of law with practical experiences and effects. The texts show that law is so much more than law in action and law in books: law is also part of a visual culture. It contributes to that culture and is, in turn, analyzed, maintained, and criticized by that culture. At the same time, the cultural manifestations of law change the way we understand law and, thus, change law itself.

Author : Gerry Simpson
Publisher : Oxford University Press
Page : 241 pages
File Size : 46,6 Mb
Release : 2021
Category : International law
ISBN : 9780192849793

Get Book

The Sentimental Life of International Law by Gerry Simpson Pdf

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.

Author : Jeffrey Miller
Publisher : McGill-Queen's Press - MQUP
Page : 255 pages
File Size : 48,9 Mb
Release : 2013
Category : Law
ISBN : 9780773541627

Get Book

The Structures of Law and Literature by Jeffrey Miller Pdf

A ground-breaking study of the gap between law and justice, establishing - at last - a truly substantive connection between law and literature.

Author : Lenora Ledwon
Publisher : Routledge
Page : 518 pages
File Size : 49,5 Mb
Release : 2015-06-03
Category : Literary Criticism
ISBN : 9781317954187

Get Book

Law and Literature by Lenora Ledwon Pdf

First published in 1996. The first anthology of its kind in this dynamic new field of study, this volume offers students the best of both worlds-theory and literature. Organized around specific themes to facilitate use of the text in a variety of courses, the material is highly accessible to undergraduates and is suitable as well for graduate students and law students. The anthology includes important articles by key figures in the law and literature debate, and presents seven thematically arranged sections that: Survey the various theoretical perspectives that inform the relationship of law and literature Examine the interplay of ethics, law, and justice * Highlight the great scope and variety of the law's contributions to the creation of a world view * Illustrate various legal approaches to punishment * Detail and analyze the law's inherent capacity for the oppression of individuals and groups * Demonstrate that law is grounded in language and storytelling * Show that despite its solemnity, the law has a comic side Each section includes excerpts from poetry, drama, fiction, and nonfiction. The excerpts include writings addressing the law's impact on the "outsider" (women, Native Americans, Hispanics, African Americans, and homosexuals), as well as writings by lawyers, judges, and law professors, giving the reader an "insider's" view of the legal system. The selections range from Plato to John Barth and Wallace Stevens. At this time of increased interest in the quality of legal writing, this course material illustrates the importance of language, word choice, metaphor, and narrative. It demonstrates the practical application of literary effects, techniques, and devices, and provides valuable insights into law as a vital component of the social fabric. SPECIAL FEATURES All law schools that do not already have one in place are required to institute a course in Law and Literature. This new anthology is the first of its kind, and has been specifically designed to meet the requirements of a Law and Literature course * Selections from judges, lawyers, and professors of law give students an insider's view of the legal system * Chronological coverage-from Plato to such 20th-century writers as John Barth and Wallace Stevens-offers students a broad range of selections that examine the relationship between law, justice, ethics, and literature * Multicultural writings address the law's capacity for the oppression of individuals and groups, including women, Native Americans, African Americans, Hispanics, and homosexuals * Law and punishment-several selections examine this area from various points of view. Suitable for courses in: Law and literature courses in law schools and undergraduate divisions as well as interdisciplinary courses in English literature.

Author : Ian Ward
Publisher : Cambridge University Press
Page : 290 pages
File Size : 52,9 Mb
Release : 1995-05-26
Category : Literary Criticism
ISBN : 9780521474740

Get Book

Law and Literature by Ian Ward Pdf

The emergence of an interdisciplinary study of law and literature is one of the most exciting theoretical developments taking place in North America and Britain. In Law and Literature: Possibilities and Perspectives Ian Ward explores the educative ambitions of the law and literature movement, and its already established critical, ethical and political potential. He reveals the law in literature, and the literature of law, in key areas of literature, from Shakespeare to Beatrix Potter to Umberto Eco, and from feminist literature to children's literature to the modern novel, drawing out the interaction between rape law and The Handmaid's Tale, and the psychology of English property law and The Tale of Peter Rabbit. This original book defines the developing state of law and literature studies, and demonstrates how the theory of law and literature can illuminate the literary text.

Author : Marit Blomer
Publisher : Unknown
Page : 20 pages
File Size : 41,5 Mb
Release : 2015-09-01
Category : Electronic
ISBN : 3668016836

Get Book

Structural Features of Legal Language by Marit Blomer Pdf

Seminar paper from the year 2012 in the subject English Language and Literature Studies - Other, grade: 2,3, Ruhr-University of Bochum (Englisches Seminar), language: English, abstract: This paper deals with a specific English language - the legal language. I will focus on a particular aspect of this field - the characteristics of the structure of legal English. Therefore I will give an overview of the central structural features which are typical for legal language. Legal professionals strive for a precise explanation of facts. This aim forces them to use a certain kind of language patterns; including a high amount of definitions in legal texts, as well as numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Considering these special language patterns, the field of law, especially the legal language, becomes completely unapproachable for laymen, as it is almost impossible for them to follow legal discourse or understand legal contracts as well as laws and provisions. Even well-educated native speakers often find it hard to understand the language used in court. But the access to one's rights and duties is important in a community, so I decided to emphasize the differences between legal language and colloquial language and to show which structural features are characteristic for legal language. At first I will provide the reader with an overall definition of English as a special language, before I will have a closer look at legal English as a special language - the main topic of this essay. To show the structural features of legal language I will concentrate on three main characteristics in the structure of legal language - in my opinion the three most important ones, even though there are other important attributes as well. In a last step I will point out how these legal structures are used in real life. Therefore I will analyze a contract as well as a legisl

Author : Andrei Marmor
Publisher : Oxford University Press, USA
Page : 177 pages
File Size : 41,9 Mb
Release : 2014
Category : Law
ISBN : 9780198714538

Get Book

The Language of Law by Andrei Marmor Pdf

Employing recent advances in philosophy of language to elucidate key aspects of legal communication, this volume examines how the language of legal directives can determine the content of the law, thereby enabling a better understanding of the boundaries between normative and linguistic determinants of legal content.

Author : Robert W. Chambers
Publisher : Unknown
Page : 328 pages
File Size : 51,5 Mb
Release : 2017-12-03
Category : Electronic
ISBN : 197995691X

Get Book

The Common Law by Robert W. Chambers Pdf

The Common Law was written in the year 1911 by Robert William Chambers. This book is one of the most popular novels of Robert William Chambers, and has been translated into several other languages around the world.

Author : John M. Conley,William M. O'Barr,Robin Conley Riner
Publisher : University of Chicago Press
Page : 262 pages
File Size : 41,5 Mb
Release : 2019-05-10
Category : Law
ISBN : 9780226484532

Get Book

Just Words by John M. Conley,William M. O'Barr,Robin Conley Riner Pdf

Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.