Fictional Discourse And The Law

Author : Hans J. Lind
Publisher : Routledge
Page : 235 pages
File Size : 50,9 Mb
Release : 2020-04-14
Category : Law
ISBN : 9780429887611

Get Book

Fictional Discourse and the Law by Hans J. Lind Pdf

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 : Karen Petroski
Publisher : Routledge
Page : 8 pages
File Size : 52,8 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 : Stefano Predelli
Publisher : Oxford University Press
Page : 208 pages
File Size : 51,6 Mb
Release : 2020-01-30
Category : Philosophy
ISBN : 9780192595966

Get Book

Fictional Discourse by Stefano Predelli Pdf

Fictional Discourse: A Radical Fictionalist Semantics combines the insight of linguistic and philosophical semantics with the study of fictional language. Its central idea is familiar to anyone exposed to the ways of narrative fiction, namely the notion of a fictional teller. Starting with premises having to do with fictional names such as 'Holmes' or 'Emma', Stefano Predelli develops Radical Fictionalism, a theory that is subsequently applied to central themes in the analysis of fiction. Among other things, he discusses the distinction between storyworlds and narrative peripheries, the relationships between homodiegetic and heterodiegetic narrative, narrative time, unreliability, and closure. The final chapters extend Radical Fictionalism to critical discourse, as Predelli introduces the ideas of critical and biased retelling, and pauses on the relationships between Radical Fictionalism and talk about literary characters.

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 413 pages
File Size : 45,8 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 : Tomasz Gizbert-Studnick,Francesca Poggi,Izabela Skoczeń
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 40,7 Mb
Release : 2022-12-08
Category : Law
ISBN : 9781802209327

Get Book

Interpretivism and the Limits of Law by Tomasz Gizbert-Studnick,Francesca Poggi,Izabela Skoczeń Pdf

What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.

Author : Steven D. Smith
Publisher : Unknown
Page : 290 pages
File Size : 40,9 Mb
Release : 2021-09-15
Category : Electronic
ISBN : 026820120X

Get Book

Fictions, Lies, and the Authority of Law by Steven D. Smith Pdf

Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life??cancel culture,? the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fiction, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, ?the loss of the groundwork of the world.? Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly?problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith?s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Author : William P. MacNeil
Publisher : Routledge
Page : 224 pages
File Size : 44,8 Mb
Release : 2011-09-08
Category : Fiction
ISBN : 9781134046720

Get Book

Novel Judgements by William P. MacNeil Pdf

Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.

Author : Peter Brooks,Paul Gewirtz
Publisher : Yale University Press
Page : 316 pages
File Size : 53,7 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300146299

Get Book

Law's Stories by Peter Brooks,Paul Gewirtz Pdf

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 : Teresa Fanego,Paula Rodríguez-Puente
Publisher : John Benjamins Publishing Company
Page : 304 pages
File Size : 48,5 Mb
Release : 2019-02-15
Category : Language Arts & Disciplines
ISBN : 9789027262837

Get Book

Corpus-based Research on Variation in English Legal Discourse by Teresa Fanego,Paula Rodríguez-Puente Pdf

This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.

Author : L. H. LaRue
Publisher : Penn State Press
Page : 172 pages
File Size : 40,8 Mb
Release : 2010-11-01
Category : Law
ISBN : 9780271039275

Get Book

Constitutional Law as Fiction by L. H. LaRue Pdf

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 51,5 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509931422

Get Book

Constitutional Semiotics by Martin Belov Pdf

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Author : Maria Aristodemou,Fiona Macmillan,Patricia Tuitt
Publisher : Taylor & Francis
Page : 181 pages
File Size : 55,9 Mb
Release : 2016-12-08
Category : Law
ISBN : 9781317594543

Get Book

Crime Fiction and the Law by Maria Aristodemou,Fiona Macmillan,Patricia Tuitt Pdf

This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of topics, including: the relationship between crime fiction, legal reasoning and critique; questions surrounding the relationship between law and justice; gender issues; the legal, political and social impacts of fictional representations of crime and justice; post-colonial perspectives on crime fiction; as well as the impact of law itself on the crime fiction’s development. Introducing a new sub-field of legal and literary research, this book will be of enormous interest to scholars in critical, cultural and socio-legal studies, as well as to others in criminology, as well as in literature.

Author : Beth Swan
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 231 pages
File Size : 55,8 Mb
Release : 1997
Category : Avocats dans la littérature
ISBN : 3631310870

Get Book

Fictions of Law by Beth Swan Pdf

This study explores eighteenth-century fictional narrative in terms of its treatment of law, revealing a tradition of narrative discourse as legal critique which spans the century. In addition to discussions of Defoe, Swift, Richardson, Fielding and Sterne, the study addresses female novelists such as Eliza Haywood, Frances Sheridan, Ann Radcliffe, Mary Wollstonecraft and Elizabeth Inchbald, arguing for a re-evaluation of their work. The survey of eighteenth-century law which has been made to provide a context for reading novels, falls into four areas: marital law, financial and inheritance law, the legal context for the concept of 'virtue', and criminal law. The study reveals that fictional predicaments that have been taken as romantic or melodramatic, are often grounded in the precise, actual practices of eighteenth-century law.

Author : John Woods
Publisher : Springer
Page : 239 pages
File Size : 40,7 Mb
Release : 2018-02-23
Category : Philosophy
ISBN : 9783319726588

Get Book

Truth in Fiction by John Woods Pdf

This monograph examines truth in fiction by applying the techniques of a naturalized logic of human cognitive practices. The author structures his project around two focal questions. What would it take to write a book about truth in literary discourse with reasonable promise of getting it right? What would it take to write a book about truth in fiction as true to the facts of lived literary experience as objectivity allows? It is argued that the most semantically distinctive feature of the sentences of fiction is that they areunambiguously true and false together. It is true that Sherlock Holmes lived at 221B Baker Street and also concurrently false that he did. A second distinctive feature of fiction is that the reader at large knows of this inconsistency and isn’t in the least cognitively molested by it. Why, it is asked, would this be so? What would explain it? Two answers are developed. According to the no-contradiction thesis, the semantically tangled sentences of fiction are indeed logically inconsistent but not logically contradictory. According to the no-bother thesis, if the inconsistencies of fiction were contradictory, a properly contrived logic for the rational management of inconsistency would explain why readers at large are not thrown off cognitive stride by their embrace of those contradictions. As developed here, the account of fiction suggests the presence of an underlying three - or four-valued dialethic logic. The author shows this to be a mistaken impression. There are only two truth-values in his logic of fiction. The naturalized logic of Truth in Fiction jettisons some of the standard assumptions and analytical tools of contemporary philosophy, chiefly because the neurotypical linguistic and cognitive behaviour of humanity at large is at variance with them. Using the resources of a causal response epistemology in tandem with the naturalized logic, the theory produced here is data-driven, empirically sensitive, and open to a circumspect collaboration with the empirical sciences of language and cognition.

Author : Peter J. Hutchings
Publisher : Routledge
Page : 234 pages
File Size : 55,9 Mb
Release : 2014-06-23
Category : Social Science
ISBN : 9781317797517

Get Book

The Criminal Spectre in Law, Literature and Aesthetics by Peter J. Hutchings Pdf

This book analyses the legal and aesthetic discourses that combine to shape the image of the criminal, and that image's contemporary endurance. The author traces the roots of contemporary ideas about criminality back to legal, philosophical and aesthetic concepts originating in the nineteenth century. Building on the ideas of Foucault and Walter Benjamin, Hutchings argues that the criminal, as constructed in places such as popular crime stories or the law of insanity, became an obsession which haunted nineteenth century thought.