Lifting the Legal Veil in the Case of the Speluncean Explorers PDF Download
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Author: Wing-Hang Kwong
Publisher: Open Dissertation Press
ISBN: 9781361306659
Category :
Languages : en
Pages :
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Book Description
This dissertation, "Lifting the Legal Veil in The Case of the Speluncean Explorers" by Wing-hang, Kwong, 鄺詠恒, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This dissertation seeks to "lift the legal veil" of Lon L. Fuller's famous legal case of The Case of the Speluncean Explorers and Peter Suber's The Case of the Speluncean Explorers: Nine New Opinions through the application of literary theories of meaning, interpretation, writing and truth, in particular Jacques Derrida's Dissemination and Friedrich Nietzsche's "On Truth and Lying in a Non-Moral Sense," to analyze the legal and jurisprudential problems in the fictional legal cases and to trace the literary qualities of law that it has consciously renounced and unconsciously forgotten. Introducing what Peter Goodrich calls "interruption of law" (Courts of Love 5) to the reading and analysis of the two legal fictions, this dissertation reveals the way that law upholds its authority and legitimacy through language, presents alternative perspectives of understanding the nature and problems of law, illustrates the relationship of "law as literature," and discusses the utility and significance of legal fictions and stories to the understanding of law and to the illustration of the relationship between law and literature. DOI: 10.5353/th_b4961623 Subjects: Law and literature
Author: Wing-Hang Kwong
Publisher: Open Dissertation Press
ISBN: 9781361306659
Category :
Languages : en
Pages :
Get Book Here
Book Description
This dissertation, "Lifting the Legal Veil in The Case of the Speluncean Explorers" by Wing-hang, Kwong, 鄺詠恒, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This dissertation seeks to "lift the legal veil" of Lon L. Fuller's famous legal case of The Case of the Speluncean Explorers and Peter Suber's The Case of the Speluncean Explorers: Nine New Opinions through the application of literary theories of meaning, interpretation, writing and truth, in particular Jacques Derrida's Dissemination and Friedrich Nietzsche's "On Truth and Lying in a Non-Moral Sense," to analyze the legal and jurisprudential problems in the fictional legal cases and to trace the literary qualities of law that it has consciously renounced and unconsciously forgotten. Introducing what Peter Goodrich calls "interruption of law" (Courts of Love 5) to the reading and analysis of the two legal fictions, this dissertation reveals the way that law upholds its authority and legitimacy through language, presents alternative perspectives of understanding the nature and problems of law, illustrates the relationship of "law as literature," and discusses the utility and significance of legal fictions and stories to the understanding of law and to the illustration of the relationship between law and literature. DOI: 10.5353/th_b4961623 Subjects: Law and literature
Author: Peter Suber
Publisher: Routledge
ISBN: 1134666500
Category : Philosophy
Languages : en
Pages : 132
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Book Description
The Case of Speluncean Explorers: Nine New Opinions includes a reprint of Lon Fuller's classic article and a much-needed revision of and addition to the five opening s originally expressed in the case by five Supreme Court Judges
Author: Sean McAleer
Publisher: Open Book Publishers
ISBN: 1800640560
Category : Philosophy
Languages : en
Pages : 233
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Book Description
It is an excellent book – highly intelligent, interesting and original. Expressing high philosophy in a readable form without trivialising it is a very difficult task and McAleer manages the task admirably. Plato is, yet again, intensely topical in the chaotic and confused world in which we are now living. Philip Allott, Professor Emeritus of International Public Law at Cambridge University This book is a lucid and accessible companion to Plato’s Republic, throwing light upon the text’s arguments and main themes, placing them in the wider context of the text’s structure. In its illumination of the philosophical ideas underpinning the work, it provides readers with an understanding and appreciation of the complexity and literary artistry of Plato’s Republic. McAleer not only unpacks the key overarching questions of the text – What is justice? And Is a just life happier than an unjust life? – but also highlights some fascinating, overlooked passages which contribute to our understanding of Plato’s philosophical thought. Plato’s 'Republic': An Introduction offers a rigorous and thought-provoking analysis of the text, helping readers navigate one of the world’s most influential works of philosophy and political theory. With its approachable tone and clear presentation, it constitutes a welcome contribution to the field, and will be an indispensable resource for philosophy students and teachers, as well as general readers new to, or returning to, the text.
Author: Mark Tebbit
Publisher: Psychology Press
ISBN: 0415334411
Category : Law
Languages : en
Pages : 262
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Book Description
"Simultaneously published in the USA and Canada."
Author: Mátyás Bencze
Publisher: Springer
ISBN: 3319973169
Category : Law
Languages : en
Pages : 268
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Book Description
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Author: Murray N. Rothbard
Publisher: NYU Press
ISBN: 1479893382
Category : Political Science
Languages : en
Pages : 359
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Book Description
The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 940
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Book Description
Author: Lon L. Fuller
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 20
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Book Description
Author: Richard H. FALLON
Publisher: Harvard University Press
ISBN: 0674036670
Category : Law
Languages : en
Pages : 199
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Book Description
This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Author: Terence Lau
Publisher:
ISBN: 9781453339961
Category : Business ethics
Languages : en
Pages : 0
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Book Description
The Legal and Ethical Environment of Business is a concise presentation of the key business-law topics that ensures every page is relevant, engaging, and interesting to today's learners. Summaries of cases and case excerpts improve student understanding. Plentiful embedded video links expand on topics to shed light on how law and ethics impact real-world business situations. This book encourages students to retain what they learn by understanding the reasons behind the law, rather than simply memorizing facts and cases.
