Author: Stephen L. Bishop
Publisher: Lexington Books
ISBN: 9780739113189
Category : Law
Languages : en
Pages : 194
Book Description
The book investigates opposition to the Cameroonian social and legal order through prose and theatre that employs legal themes, settings, and language as well as actual legal decisions. The conclusion is that opposition though ironic appropriation of legal discourse is more promising in fostering social justice than direct resistance to the legal hierarchy.
Legal Oppositional Narrative
Author: Stephen L. Bishop
Publisher: Lexington Books
ISBN: 9780739113189
Category : Law
Languages : en
Pages : 194
Book Description
The book investigates opposition to the Cameroonian social and legal order through prose and theatre that employs legal themes, settings, and language as well as actual legal decisions. The conclusion is that opposition though ironic appropriation of legal discourse is more promising in fostering social justice than direct resistance to the legal hierarchy.
Publisher: Lexington Books
ISBN: 9780739113189
Category : Law
Languages : en
Pages : 194
Book Description
The book investigates opposition to the Cameroonian social and legal order through prose and theatre that employs legal themes, settings, and language as well as actual legal decisions. The conclusion is that opposition though ironic appropriation of legal discourse is more promising in fostering social justice than direct resistance to the legal hierarchy.
Reading for the Law
Author: Christine L. Krueger
Publisher: University of Virginia Press
ISBN: 0813928974
Category : Literary Criticism
Languages : en
Pages : 320
Book Description
Taking her title from the British term for legal study, "to read for the law," Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, Reading for the Law demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence." Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists’ aspirations for meaningful social transformation in modern, multicultural democracies.
Publisher: University of Virginia Press
ISBN: 0813928974
Category : Literary Criticism
Languages : en
Pages : 320
Book Description
Taking her title from the British term for legal study, "to read for the law," Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, Reading for the Law demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence." Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists’ aspirations for meaningful social transformation in modern, multicultural democracies.
Aspiration and Reality in Legal Education
Author: David Sandomierski
Publisher: University of Toronto Press
ISBN: 1487533004
Category : Law
Languages : en
Pages : 403
Book Description
Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching. Drawing on interviews with over sixty law professors in Canada, David Sandomierski makes two important empirical discoveries in this book. First, he establishes that, contrary to a dominant narrative in legal education that conceives of theory and practice as oppositional, the vast majority of law professors consider theory to be vitally important in preparing "better lawyers." Second, he uncovers a significant gap between the realist theoretical commitments held by a majority of professors and the formalist theories they almost uniformly convey through their teaching and conceptions of legal reasoning. Understanding the intellectual and institutional factors that account for these tensions, Sandomierski argues, is essential for any meaningful project of legal education reform.
Publisher: University of Toronto Press
ISBN: 1487533004
Category : Law
Languages : en
Pages : 403
Book Description
Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching. Drawing on interviews with over sixty law professors in Canada, David Sandomierski makes two important empirical discoveries in this book. First, he establishes that, contrary to a dominant narrative in legal education that conceives of theory and practice as oppositional, the vast majority of law professors consider theory to be vitally important in preparing "better lawyers." Second, he uncovers a significant gap between the realist theoretical commitments held by a majority of professors and the formalist theories they almost uniformly convey through their teaching and conceptions of legal reasoning. Understanding the intellectual and institutional factors that account for these tensions, Sandomierski argues, is essential for any meaningful project of legal education reform.
Law's Stories
Author: Peter Brooks
Publisher: Yale University Press
ISBN: 9780300146295
Category : Law
Languages : en
Pages : 316
Book Description
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.
Publisher: Yale University Press
ISBN: 9780300146295
Category : Law
Languages : en
Pages : 316
Book Description
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.
Biblical Narrative and the Formation of Rabbinic Law
Author: Jane L. Kanarek
Publisher: Cambridge University Press
ISBN: 1107047811
Category : Bibles
Languages : en
Pages : 225
Book Description
This book presents a new framework for understanding the relationship between biblical narrative and rabbinic law. Drawing on legal theory and models of rabbinic exegesis, Jane L. Kanarek argues for the centrality of biblical narrative in the formation of rabbinic law. Through close readings of selected Talmudic and midrashic texts, Kanarek demonstrates that rabbinic legal readings of narrative scripture are best understood through the framework of a referential exegetical web. She shows that law should be viewed as both prescriptive of normative behavior and as a meaning-making enterprise. By explicating the hermeneutical processes through which biblical narratives become resources for legal norms, this book transforms our understanding of the relationship of law and narrative as well as the ways in which scripture becomes a rabbinic document that conveys legal authority and meaning.
Publisher: Cambridge University Press
ISBN: 1107047811
Category : Bibles
Languages : en
Pages : 225
Book Description
This book presents a new framework for understanding the relationship between biblical narrative and rabbinic law. Drawing on legal theory and models of rabbinic exegesis, Jane L. Kanarek argues for the centrality of biblical narrative in the formation of rabbinic law. Through close readings of selected Talmudic and midrashic texts, Kanarek demonstrates that rabbinic legal readings of narrative scripture are best understood through the framework of a referential exegetical web. She shows that law should be viewed as both prescriptive of normative behavior and as a meaning-making enterprise. By explicating the hermeneutical processes through which biblical narratives become resources for legal norms, this book transforms our understanding of the relationship of law and narrative as well as the ways in which scripture becomes a rabbinic document that conveys legal authority and meaning.
The Criminal Law of Genocide
Author: Paul Behrens
Publisher: Routledge
ISBN: 1317036964
Category : Law
Languages : en
Pages : 328
Book Description
This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
Publisher: Routledge
ISBN: 1317036964
Category : Law
Languages : en
Pages : 328
Book Description
This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
Legal Institutions and Collective Memories
Author: Susanne Karstedt
Publisher: Bloomsbury Publishing
ISBN: 1847315232
Category : Law
Languages : en
Pages : 428
Book Description
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
Publisher: Bloomsbury Publishing
ISBN: 1847315232
Category : Law
Languages : en
Pages : 428
Book Description
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
Narratives of Hunger in International Law
Author: Anne Saab
Publisher: Cambridge University Press
ISBN: 110857999X
Category : Law
Languages : en
Pages : 225
Book Description
This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.
Publisher: Cambridge University Press
ISBN: 110857999X
Category : Law
Languages : en
Pages : 225
Book Description
This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.
A Companion to Narrative Theory
Author: James Phelan
Publisher: John Wiley & Sons
ISBN: 140515196X
Category : Literary Criticism
Languages : en
Pages : 592
Book Description
The 35 original essays in A Companion to Narrative Theory constitute the best available introduction to this vital and contested field of humanistic enquiry. Comprises 35 original essays written by leading figures in the field Includes contributions from pioneers in the field such as Wayne C. Booth, Seymour Chatman, J. Hillis Miller and Gerald Prince Represents all the major critical approaches to narrative and investigates and debates the relations between them Considers narratives in different disciplines, such as law and medicine Features analyses of a variety of media, including film, music, and painting Designed to be of interest to specialists, yet accessible to readers with little prior knowledge of the field
Publisher: John Wiley & Sons
ISBN: 140515196X
Category : Literary Criticism
Languages : en
Pages : 592
Book Description
The 35 original essays in A Companion to Narrative Theory constitute the best available introduction to this vital and contested field of humanistic enquiry. Comprises 35 original essays written by leading figures in the field Includes contributions from pioneers in the field such as Wayne C. Booth, Seymour Chatman, J. Hillis Miller and Gerald Prince Represents all the major critical approaches to narrative and investigates and debates the relations between them Considers narratives in different disciplines, such as law and medicine Features analyses of a variety of media, including film, music, and painting Designed to be of interest to specialists, yet accessible to readers with little prior knowledge of the field
Violence, Law and the Impossibility of Transitional Justice
Author: Catherine Turner
Publisher: Routledge
ISBN: 1317441397
Category : Law
Languages : en
Pages : 227
Book Description
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Publisher: Routledge
ISBN: 1317441397
Category : Law
Languages : en
Pages : 227
Book Description
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.