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Author: David Luban
Publisher: University of Michigan Press
ISBN: 0472024116
Category : Law
Languages : en
Pages : 421
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Book Description
Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Author: David Luban
Publisher: University of Michigan Press
ISBN: 9780472084395
Category : Law
Languages : en
Pages : 424
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Book Description
A critique and defense of modern legal theory
Author: David Luban
Publisher:
ISBN:
Category : Critical legal studies
Languages : en
Pages : 0
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Book Description
Author: David Luban
Publisher: University of Michigan Press
ISBN: 0472024116
Category : Law
Languages : en
Pages : 421
Get Book Here
Book Description
Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Author: Ron Shaham
Publisher: BRILL
ISBN: 9004369546
Category : Law
Languages : en
Pages : 201
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Book Description
In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
Author: Peter Fitzpatrick
Publisher: Cambridge University Press
ISBN: 9780521002530
Category : Law
Languages : en
Pages : 276
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Book Description
This book argues that law is both derived from and constitutive of surrounding cultural contexts.
Author: Stephen M. Feldman
Publisher: Oxford University Press
ISBN: 0190283165
Category : Law
Languages : en
Pages : 285
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Book Description
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Author: Fatima Agha Al-Hayani
Publisher:
ISBN:
Category : Domestic relations
Languages : en
Pages : 408
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Book Description
Author: Paul K. Saint-Amour
Publisher: OUP USA
ISBN: 0199731535
Category : Language Arts & Disciplines
Languages : en
Pages : 400
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Book Description
How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.
Author: Erik M. Bachman
Publisher: Penn State Press
ISBN: 0271081694
Category : Literary Criticism
Languages : en
Pages : 209
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Book Description
This comparative historical study explores the broad sociocultural factors at play in the relationships among U.S. obscenity laws and literary modernism and naturalism in the early twentieth century. Putting obscenity case law’s crisis of legitimation and modernism’s crisis of representation into dialogue, Erik Bachman shows how obscenity trials and other attempts to suppress allegedly vulgar writing in the United States affected a wide-ranging debate about the power of the printed word to incite emotion and shape behavior. Far from seeking simply to transgress cultural norms or sexual boundaries, Bachman argues, proscribed authors such as Wyndham Lewis, Erskine Caldwell, Lillian Smith, and James T. Farrell refigured the capacity of writing to evoke the obscene so that readers might become aware of the social processes by which they were being turned into mass consumers, voyeurs, and racialized subjects. Through such efforts, these writers participated in debates about the libidinal efficacy of language with a range of contemporaries, from behavioral psychologists and advertising executives to book cover illustrators, magazine publishers, civil rights activists, and judges. Focusing on case law and the social circumstances informing it, Literary Obscenities provides an alternative conceptual framework for understanding obscenity’s subjugation of human bodies, desires, and identities to abstract social forces. It will appeal especially to scholars of American literature, American studies, and U.S. legal history.
Author: Lisa Siraganian
Publisher: Oxford University Press
ISBN: 0192639633
Category : Literary Criticism
Languages : en
Pages : 416
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Book Description
Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.
