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Author: Neil ten Kortenaar
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228007801
Category : Literary Criticism
Languages : en
Pages :
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Book Description
In the decade before and after independence, Nigerians not only adopted the novel but reinvented the genre. Nigerian novels imagined the new state, with its ideals of the rule of law, state sovereignty, and a centralized administration. Debt, Law, Realism argues that Nigerian novels were not written for a Western audience, as often stated, but to teach fellow citizens how to envision the state. The first Nigerian novels were overwhelmingly realist because realism was a way to convey the understanding shared by all subject to the rule of law. Debt was an important theme used to illustrate the social trust needed to live with strangers. But the novelists felt an ambivalence towards the state, which had been imposed by colonial military might. Even as they embraced the ideal of the rule of law, they kept alive a memory of other ways of governing themselves. Many of the first novelists – including Chinua Achebe – were Igbos, a people who had been historically stateless, and for whom justice had been a matter of interpersonal relations, consensus, and reciprocity, rather than a citizen’s subordination to a higher authority. Debt, Law, Realism reads African novels as political philosophy, offering important lessons about the foundations of social trust, the principle of succession, and the nature of sovereignty, authority, and law.
Author: Neil ten Kortenaar
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228007801
Category : Literary Criticism
Languages : en
Pages :
Get Book
Book Description
In the decade before and after independence, Nigerians not only adopted the novel but reinvented the genre. Nigerian novels imagined the new state, with its ideals of the rule of law, state sovereignty, and a centralized administration. Debt, Law, Realism argues that Nigerian novels were not written for a Western audience, as often stated, but to teach fellow citizens how to envision the state. The first Nigerian novels were overwhelmingly realist because realism was a way to convey the understanding shared by all subject to the rule of law. Debt was an important theme used to illustrate the social trust needed to live with strangers. But the novelists felt an ambivalence towards the state, which had been imposed by colonial military might. Even as they embraced the ideal of the rule of law, they kept alive a memory of other ways of governing themselves. Many of the first novelists – including Chinua Achebe – were Igbos, a people who had been historically stateless, and for whom justice had been a matter of interpersonal relations, consensus, and reciprocity, rather than a citizen’s subordination to a higher authority. Debt, Law, Realism reads African novels as political philosophy, offering important lessons about the foundations of social trust, the principle of succession, and the nature of sovereignty, authority, and law.
Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199359210
Category : Law
Languages : en
Pages : 256
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Book Description
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Author: Shauhin Talesh
Publisher: Edward Elgar Publishing
ISBN: 1788117778
Category : Law
Languages : en
Pages : 544
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Book Description
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Author: David A. Westbrook
Publisher: Routledge
ISBN: 1317263278
Category : Social Science
Languages : en
Pages : 234
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Book Description
Between Citizen and State is an intrepid and readable introduction to, and insightful commentary on, the role of the corporation in the modern world. Corporate actors have typical motivations, opportunities, temptations - they are characters, and their interactions follow familiar plotlines. Part I, Background, introduces the characters and their context. Part II, Internal Struggles, explains common conflicts in terms of well-known court cases. Part III, External Relations, examines relationships between the corporation, individuals, and the state.
Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328
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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
ISBN: 1108427715
Category : Law
Languages : en
Pages : 449
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Book Description
A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.
Author: Justin Zaremby
Publisher: A&C Black
ISBN: 1441135723
Category : Political Science
Languages : en
Pages : 190
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Book Description
In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Author: Stephen P. Parsons
Publisher: Aspen Publishers
ISBN: 9781454828037
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
ABC's of Debt: A Case Study Approach to Debtor/Creditor Relations and Bankruptcy Law, Third Edition with CD Practical paralegal text that covers the basics of bankruptcy practice, debt creation, secured transactions, the law of liens, and debt collection practices. Features of The ABCs of Debt: Completely up-to-date coverage of both bankruptcy law and the related topics of debt creation, debt collection, and the discharge or reorganization of debt in bankruptcy. Debt creation and debt collection are covered in detail before addressing bankruptcy, putting the entire debtor/creditor relationship into a broader, more realistic context. Bankruptcy law is presented in a clear, readable format that focuses on the main concepts rather than the minutia of the law. The bankruptcy process is addressed sequentially, as it arises in actual cases, rather than piecemeal. Not only teaches students about the law but also how to apply the law. By stressing the how-to of debtor/creditor law, this text provides the student that critical bridge between simply knowing about a subject and being able to function as a paralegal in the office where debtor-creditor work is done. In addition to examples and forms, Parsons uses realistic case studies to enable students to apply the knowledge and skills they are learning. Forms for use with these case studies included on a CD with the book. The text provides a step-by-step instruction for completing a bankruptcy petition and the challenging OBF 22A for the Chapter 7 means test and OBF 22C for the Chapter 13 determination of commitment period and projected disposable income. Helpful pedagogy includes: Forms and illustrations Examples Case excerpts and summaries Learn-by-doing exercises Problems/Hypotheticals Ethical queries Key terms/marginal definitions Review questions
Author: Suri Ratnapala
Publisher: Cambridge University Press
ISBN: 1107612578
Category : Law
Languages : en
Pages : 433
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Book Description
Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.
Author: David A. Skeel Jr.
Publisher: Princeton University Press
ISBN: 1400828503
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
