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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: 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: 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: Peter Fitzpatrick
Publisher: Routledge
ISBN: 9780754626855
Category : Government, Resistance to
Languages : en
Pages : 0
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Book Description
This collection of classic essays by Peter Fitzpatrick displays his characteristic radical tone and demonstrates his lasting contribution to social, political and postcolonial theories of law.
Author: Sionaidh Douglas-Scott
Publisher: A&C Black
ISBN: 1782251200
Category : Law
Languages : en
Pages : 648
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Book Description
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
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: Desmond Manderson
Publisher: Routledge
ISBN: 1136340467
Category : Law
Languages : en
Pages : 226
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Book Description
Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida’s writings on law, as well as using Derrida and Bakhtin to clarify Lawrence’s experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible.
Author: Erik M. Bachman
Publisher: Refiguring Modernism
ISBN: 9780271080062
Category : Naturalism in literature
Languages : en
Pages : 0
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Book Description
Examines U.S. obscenity trials in the early twentieth century and how they framed a wide-ranging debate about the printed word's power to deprave, offend, and shape behavior.
Author: Brendan Sweetman
Publisher: CUA Press
ISBN: 9780966922615
Category : Philosophy
Languages : en
Pages : 284
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Book Description
The contributors to The Failure of Modernism are influenced by the view that modernism has failed, and most of the essays attempt to critique specific features of modernism, often from a more traditional perspective. Modernism in philosophy is characterized by skepticism and anti-realism in epistemology, and by relativism in ethics and politics.
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.
Author: Bonnie Kime Scott
Publisher: University of Illinois Press
ISBN: 0252074181
Category : American literature
Languages : en
Pages : 896
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Book Description
Grouped into 21 thematic sections, this collection provides theoretical introductions to the primary texts provided by the scholars who have taken the lead in pushing both modernism and gender in different directions. It provides an understanding of the complex intersections of gender with an array of social identifications.
