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Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804781575
Category : Law
Languages : en
Pages : 223
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Book Description
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804781575
Category : Law
Languages : en
Pages : 223
Get Book
Book Description
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author: Austin Sarat
Publisher: Stanford Law Books
ISBN: 9780804777049
Category : Law
Languages : en
Pages : 221
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Book Description
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author: Austin Sarat
Publisher: University of Alabama Press
ISBN: 0817356789
Category : Law
Languages : en
Pages : 248
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Book Description
Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media. Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements. Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804791864
Category : Law
Languages : en
Pages : 200
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Book Description
Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet—who writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.
Author: Scott Veitch
Publisher: Routledge
ISBN: 1000344851
Category : Law
Languages : en
Pages : 167
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Book Description
Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Author: Wouter de Been
Publisher: Springer
ISBN: 1137491264
Category : Social Science
Languages : en
Pages : 245
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Book Description
Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.
Author: Roger Brownsword
Publisher: Routledge
ISBN: 1351128167
Category : Law
Languages : en
Pages : 327
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Book Description
This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
ISBN: 1509925155
Category : Law
Languages : en
Pages : 304
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Book Description
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 080478390X
Category : Law
Languages : en
Pages : 287
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Book Description
The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.
Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 0226894932
Category : Law
Languages : en
Pages : 328
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Book Description
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
