Rehumanizing Law

Author : Randy Gordon
Publisher : University of Toronto Press
Page : 305 pages
File Size : 44,6 Mb
Release : 2011-04-15
Category : Law
ISBN : 9781442661646

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Rehumanizing Law by Randy Gordon Pdf

In a popular sense, 'law' connotes the rules of a society, as well as the institutions that make and enforce those rules. Although laws are created and interpreted in legislatures and courtrooms by individuals with very specialized knowledge, the practice and making of law is closely tied to other systems of knowledge. To emphasize this often downplayed connection, Rehumanizing Law examines the law in relation to narrative, a fundamental mode of human expression. Randy D. Gordon illustrates the bridge between narrative and law by considering whether literature can prompt legislation. Using Upton Sinclair's The Jungle and Rachel Carson's Silent Spring, Gordon shows that literary works can figure in important regulatory measures. Discussing the rule of law in relation to democracy, he reads Melville's Billy Budd and analyzes the O.J. Simpson and Rodney King cases. This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws.

Author : Randy Gordon
Publisher : Taylor & Francis
Page : 227 pages
File Size : 46,9 Mb
Release : 2022-08-19
Category : Law
ISBN : 9781000637397

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The Performance of Law by Randy Gordon Pdf

This book considers how law is always enacted, or performed, in ways that can be analyzed in relation to fiction, theatre, and other dramatic forms. Of necessity, lawyers and judges need to devise techniques to make rules respond situationally. The performance of law supplements, or it extends the reach of, the law-as-written. And, in this respect, the act of lawyering is in many ways an instantiation of acts often associated with, for example, literature and the plastic and performing arts. Combining legal theory and legal practice, this book maintains that the modes of enquiry found in, and applied to, novels, paintings, and plays can help us understand how things like legal arguments and trials work—or don’t. As such, and through the examination of a wide range of both historical and fictional legal cases, the book pursues an interdisciplinary analysis of how law is performed; and, moreover, how legal performances can be accomplished ethically. This book will appeal to scholars and students in sociolegal studies, legal theory, and jurisprudence, as well as those teaching and training in legal practice.

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 413 pages
File Size : 40,6 Mb
Release : 2015-03-11
Category : Law
ISBN : 9783319092324

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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 : Zenon Bankowski,Maksymilian Del Mar
Publisher : Routledge
Page : 288 pages
File Size : 52,5 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317023777

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The Moral Imagination and the Legal Life by Zenon Bankowski,Maksymilian Del Mar Pdf

What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.

Author : Philip K. Howard
Publisher : W. W. Norton & Company
Page : 224 pages
File Size : 49,5 Mb
Release : 2014-04-14
Category : Law
ISBN : 9780393242119

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The Rule of Nobody: Saving America from Dead Laws and Broken Government by Philip K. Howard Pdf

The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

Author : Richard Barker
Publisher : Richard Barker
Page : 206 pages
File Size : 40,6 Mb
Release : 2000-10-20
Category : Fiction
ISBN : 9780595128013

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Steering Evolution by Richard Barker Pdf

Human values change over time. Unfortunately, this change is not always in the best interests of humankind. Moral decay, for instance, is currently taking a huge toll on the well-being and happiness of the individual. Why do human values evolve? Why does this evolution almost always go in a negative direction? Is there anything that humans can do to control this downward spiral? "Steering Evolution" proposes a theory that answers these questions. There are certain parallels between the evolution of genetic information and the evolution of manmade information, but these two forms of evolution are diametrically opposed in the way that they create and affect human values. Fortunately, there is a way for us to free ourselves from the tyranny of evolution, and put the destiny of humankind into the hands of humankind.

Author : Anne Quéma
Publisher : University of Toronto Press
Page : 374 pages
File Size : 53,6 Mb
Release : 2015-01-01
Category : Literary Criticism
ISBN : 9781442649033

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Power and Legitimacy by Anne Quéma Pdf

Examining modern jurisprudence theory, statutory law, and the family within the modern Gothic novel, Anne Quéma shows how the forms and effects of political power transform as one shifts from discourse to discourse.

Author : Melinda Harm Benson,Robin Kundis Craig
Publisher : University Press of Kansas
Page : 256 pages
File Size : 48,8 Mb
Release : 2017-11-30
Category : Nature
ISBN : 9780700625161

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The End of Sustainability by Melinda Harm Benson,Robin Kundis Craig Pdf

The time has come for us to collectively reexamine—and ultimately move past—the concept of sustainability in environmental and natural resources law and management. The continued invocation of sustainability in policy discussions ignores the emerging reality of the Anthropocene, which is creating a world characterized by extreme complexity, radical uncertainty, and unprecedented change. From a legal and policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in such a world. Melinda Harm Benson and Robin Kundis Craig propose resilience as a more realistic and workable communitarian approach to environmental governance. American environmental and natural resources laws date to the early 1970s, when the steady-state “Balance of Nature” model was in vogue—a model that ecologists have long since rejected, even before adding the complication of climate change. In the Anthropocene, a new era in which humans are the key agent of change on the planet, these laws (and American culture more generally) need to embrace new narratives of complex ecosystems and humans’ role as part of them—narratives exemplified by cultural tricksters and resilience theory. Updating Aldo Leopold’s vision of nature and humanity as a single community for the Anthropocene, Benson and Craig argue that the narrative of resilience integrates humans back into the complex social and ecological system known as Earth. As such, it empowers humans to act for a better future through law and policy despite the very real challenges of climate change.

Author : Anonim
Publisher : Richard Barker
Page : 107 pages
File Size : 44,9 Mb
Release : 2024-06-01
Category : Electronic
ISBN : 8210379456XXX

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na by Anonim Pdf

Author : Robin Conley,Robin Conley Riner
Publisher : Oxford University Press
Page : 253 pages
File Size : 40,6 Mb
Release : 2016
Category : Language Arts & Disciplines
ISBN : 9780199334162

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Confronting the Death Penalty by Robin Conley,Robin Conley Riner Pdf

"Confronting the Death Penalty probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, Robin Conley explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials."--Provided by publisher.

Author : Anonim
Publisher : Unknown
Page : 104 pages
File Size : 49,9 Mb
Release : 2002
Category : Conflict management
ISBN : UOM:39015080546388

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Rehumanizing the Other by Anonim Pdf

Proceedings of Workshop on Conflict Transformation held at New Delhi in 2001, between students from Pakistan and India.

Author : Dale Barleben
Publisher : University of Toronto Press
Page : 185 pages
File Size : 52,9 Mb
Release : 2017-01-01
Category : Law
ISBN : 9781487501075

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Staging the Trials of Modernism by Dale Barleben Pdf

In Staging the Trials of Modernism, Dale Barleben explores the interactions among literature, cultural studies, and the law through detailed analyses of select British modern writers including Oscar Wilde, Joseph Conrad, Ford Madox Ford, and James Joyce. By tracing the relationships between the literature, authors, media, and judicial procedure of the time, Barleben illuminates the somewhat macabre element of modern British trial process, which still enacts and re-enacts itself throughout contemporary judicial systems of the British Commonwealth. Using little seen legal documents, like Ford's contempt trial decision, Staging the Trials of Modernism uncovers the conversations between the interior style of British Modern authors and the ways in which law began rethinking concepts like intent and the subconscious. Barleben's fresh insights offer a nuanced look into the ways in which law influences literary production.

Author : Anonim
Publisher : BRILL
Page : 262 pages
File Size : 51,8 Mb
Release : 2022-05-16
Category : Education
ISBN : 9789004507593

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Re/humanizing Education by Anonim Pdf

Through critical, qualitative, creative, and arts-integrated approaches, this collection aims to explore the co-curricular capacity of lived experience to re/humanize education.

Author : Marlee Liss
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2022-11-08
Category : Electronic
ISBN : 9798986037707

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Re-Humanize by Marlee Liss Pdf

Re-Humanize offers a window into sexual assault and the messy path of survival. With poems that began forming just hours after being raped, Marlee shares her journey of emotional processing alongside facilitated discussion questions. The ties between individual trauma and cultural wounding are made clear as the writing expands and unpacks various issues rooted in objectification. Author Marlee Liss, who is well known for her groundbreaking restorative justice outcome following this sexual assault, grapples with her deeply held beliefs in transformation and humanity amidst such pain. This new and revised edition takes readers on a journey, gently challenging individuals to deconstruct sources of suffering, combat shame and challenge silence surrounding rape culture and painful life experience. Each page serves as a reminder that our grief deserves to be held with love, our stories deserve reverence, and our transformation is within reach.

Author : Amy Swiffen,Joshua Nichols
Publisher : Routledge
Page : 192 pages
File Size : 41,5 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781317602101

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Legal Violence and the Limits of the Law by Amy Swiffen,Joshua Nichols Pdf

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.