Narrative Authority And Law

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Narrative, Authority, and Law

Author : Robin West
Publisher : University of Michigan Press
Page : 458 pages
File Size : 50,6 Mb
Release : 1993
Category : Law
ISBN : 0472103652

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Narrative, Authority, and Law by Robin West Pdf

Challenges the moral basis for the authority of law

Constitutional Law as Fiction

Author : L. H. LaRue
Publisher : Penn State Press
Page : 172 pages
File Size : 48,9 Mb
Release : 2010-11-01
Category : Law
ISBN : 9780271039275

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Constitutional Law as Fiction by L. H. LaRue Pdf

Law's Stories

Author : Peter Brooks,Paul Gewirtz
Publisher : Yale University Press
Page : 316 pages
File Size : 43,5 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300146299

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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.

Law in Film

Author : David Alan Black
Publisher : University of Illinois Press
Page : 212 pages
File Size : 53,7 Mb
Release : 1999
Category : Law
ISBN : 0252067657

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Law in Film by David Alan Black Pdf

The courtroom, like the movie theater, is an arena for the telling and interpreting of stories. Investigators piece them together, witnesses tell them, advocates retell them, and judges and juries assess their plausibility. These narratives reconstitute absent events through words, and their filming constitutes a double narrative: one important cultural practice rendered in the terms of another. Drawing on both film studies and legal scholarship, David A. Black explores the implications of representing court procedure, as well as other phases of legal process, in film. His study ranges from an inquiry into the common metaphorical ground between film and law, explored through "the detective" and "the witness," to a critical survey of legal writings about the cinema, to close analyses of key films about law. In examining multiple aspects of law in film, Black sustains a focus on the central importance of narrative while also unearthing the influences--pleasure in film, power in law--that lie beyond the narrative realm. Black's penetrating study treats questions of narrative authority and structure, social authority, and cultural history, revealing the underlying historical, cultural, and cognitive connections between legal and cinematic practices.

Stories of the Law

Author : Moshe Simon-Shoshan
Publisher : Oxford University Press
Page : 328 pages
File Size : 50,7 Mb
Release : 2012-04-01
Category : Religion
ISBN : 9780199773817

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Stories of the Law by Moshe Simon-Shoshan Pdf

Winner of Honorable Mention in the Jordan Schnitzer Book Awards of the Association for Jewish Studies Moshe Simon-Shoshan offers a groundbreaking study of Jewish law (halakhah) and rabbinic story-telling. Focusing on the Mishnah, the foundational text of halakhah, he argues that narrative was essential in early rabbinic formulations and concepts of law, legal process, and political and religious authority. The book begins by presenting a theoretical framework for considering the role of narrative in the Mishnah. Drawing on a wide range of disciplines, including narrative theory, Semitic linguistics, and comparative legal studies, Simon-Shoshan shows that law and narrative are inextricably intertwined in the Mishnah. Narrative is central to the way in which the Mishnah transmits law and ideas about jurisprudence. Furthermore, the Mishnah's stories are the locus around which the Mishnah both constructs and critiques its concept of the rabbis as the ultimate arbiters of Jewish law and practice. In the second half of the book, Simon-Shoshan applies these ideas to close readings of individual Mishnaic stories. Among these stories are some of the most famous narratives in rabbinic literature, including those of Honi the Circle-drawer and R. Gamliel's Yom Kippur confrontation with R. Joshua. In each instance, Simon-Shoshan elucidates the legal, political, theological, and human elements of the story and places them in the wider context of the book's arguments about law, narrative, and rabbinic authority. Stories of the Law presents an original and forceful argument for applying literary theory to legal texts, challenging the traditional distinctions between law and literature that underlie much contemporary scholarship.

Research Handbook on Law and Literature

Author : Goodrich, Peter
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 44,9 Mb
Release : 2022-03-22
Category : Law
ISBN : 9781839102264

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Research Handbook on Law and Literature by Goodrich, Peter Pdf

In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.

Jane Austen and Narrative Authority

Author : T. Wallace
Publisher : Springer
Page : 163 pages
File Size : 45,5 Mb
Release : 1995-03-13
Category : Literary Criticism
ISBN : 9780230372948

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Jane Austen and Narrative Authority by T. Wallace Pdf

In Jane Austen and Narrative Authority, Tara Ghoshal Wallace argues that far from embodying ideological and technical serenity, Austen's novels articulate a range of anxieties about authorship and authority. The novels experiment in different ways with possible sources and the ultimate failures of authority, always returning to the compromised figure of the narrator. Wallace suggests that Austen's novelistic output can be read as a theory of interpretation, thematizing problems of narrative authority and readers' resistance.

Critical Legal Studies

Author : Richard W Bauman
Publisher : Routledge
Page : 223 pages
File Size : 45,7 Mb
Release : 2021-11-28
Category : Political Science
ISBN : 9780429723797

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Critical Legal Studies by Richard W Bauman Pdf

Contemporary legal thought has been powerfully influenced by Critical Legal Studies, a school of legal scholars whose work has sustained a continuing radical critique of established legal doctrines. In this essential reference work, Richard Bauman presents the most thorough, up-to-date guide available for this essential literature. In addition to providing the basic bibliographic information, Bauman offers a set of effective introductions to contextualize and explain the work being surveyed. He has created a fundamental handbook not only for the law but also for politics and radical thought.

History, Memory, and the Law

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 346 pages
File Size : 50,6 Mb
Release : 2009-11-10
Category : History
ISBN : 0472023640

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History, Memory, and the Law by Austin Sarat,Thomas R. Kearns Pdf

Law in the modern era is one of the most important of our society's technologies for preserving memory. In helping to construct our memory in certain ways law participates in the writing of our collective history. It plays a crucial role in knitting together our past, present, and future.The essays in this volume present grounded examinations of particular problems, places, and practices and address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites, and the resultant role law plays in constructing history. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process.The contributors are Joan Dayan, Soshana Felman, Dominic La Capra, Reva Siegel, Brook Thomas, and G.

Law, Narrative and Reality

Author : G.C. van Roermund
Publisher : Springer Science & Business Media
Page : 270 pages
File Size : 47,9 Mb
Release : 2013-03-09
Category : Law
ISBN : 9789401720519

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Law, Narrative and Reality by G.C. van Roermund Pdf

This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.

Testimony and Advocacy in Victorian Law, Literature, and Theology

Author : Jan-Melissa Schramm
Publisher : Cambridge University Press
Page : 264 pages
File Size : 54,9 Mb
Release : 2000-04-20
Category : History
ISBN : 9780521771238

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Testimony and Advocacy in Victorian Law, Literature, and Theology by Jan-Melissa Schramm Pdf

The eighteenth-century model of the criminal trial - with its insistence that the defendant and the facts of a case could 'speak for themselves' - was abandoned in 1836, when legislation enabled barristers to address the jury on behalf of prisoners charged with felony. Increasingly, professional acts of interpretation were seen as necessary to achieve a just verdict, thereby silencing the prisoner and affecting the testimony given by eye witnesses at criminal trials. Jan-Melissa Schramm examines the profound impact of the changing nature of evidence in law and theology on literary narrative in the nineteenth century. Already a locus of theological conflict, the idea of testimony became a fiercely contested motif of Victorian debate about the ethics of literary and legal representation. She argues that authors of fiction created a style of literary advocacy which both imitated, and reacted against, the example of their storytelling counterparts at the Bar.

Stories of the Law

Author : Moshe Simon-Shoshan
Publisher : OUP USA
Page : 304 pages
File Size : 50,8 Mb
Release : 2012-03-30
Category : Law
ISBN : 0199773734

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Stories of the Law by Moshe Simon-Shoshan Pdf

Simon-Shoshan examines the neglected genre of rabbinic legal stories, arguing that this genre is crucial to understanding both rabbinic jurisprudence and rabbinic story-telling and challenging traditional distinctions between law and literature.

Practicing Ethnography in Law

Author : J. Starr,M. Goodale
Publisher : Springer
Page : 219 pages
File Size : 47,6 Mb
Release : 2016-04-30
Category : Social Science
ISBN : 9781137065735

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Practicing Ethnography in Law by J. Starr,M. Goodale Pdf

Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.

To Speak as a Judge

Author : Sandra Berns
Publisher : Routledge
Page : 327 pages
File Size : 42,8 Mb
Release : 2019-05-23
Category : Law
ISBN : 9780429686665

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To Speak as a Judge by Sandra Berns Pdf

First published in 1999, this volume explores the nature of adjudication in the common law tradition from a feminist postmodernist perspective. The author accepts and celebrates the ‘choices’ open to the judge and argues that without choice, judgment cannot be properly judicial. The first full length feminist exploration of the role of the judge and the nature of law and legality, To Speak as a Judge is grounded in the process of adjudication and its rhetorical nature. It draws upon significant contemporary cases to explore the narrativity of law and the ways in which rhetoric and judicial understandings of the nature of law determine narrative style.

Law and Literature

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 596 pages
File Size : 43,7 Mb
Release : 2009-04-30
Category : Law
ISBN : 0674032462

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Law and Literature by Richard A. Posner Pdf

First edition published in 1988 : Law and literature : a misunderstood relation ; revised and enlarged edition published in 1998.