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Author: Robert Spoo
Publisher: Bloomsbury Publishing
ISBN: 1474275826
Category : Literary Criticism
Languages : en
Pages : 208
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Book Description
Exploring critical legal issues and cases of the period-from Oscar Wilde's prosecution for gross indecency to legal bans on such publications as D.H. Lawrence's Lady Chatterley's Lover, Radclyffe Hall's The Well of Loneliness, and James Joyce's Ulysses-Modernism and the Law is the first book to survey the legal contexts of transatlantic Anglo-American modernist culture. Written by one of the leading authorities on the subject, the book covers such topics as: · Obscenity laws and censorship · Copyrights, moral rights, and the public domain · Patronage and literary piracy · Privacy, defamation, publicity, and blackmail Including an annotated list of relevant statutes, treaties, and cases, this is an essential read for scholars and students coming to the subject for the first time as well as for experienced scholars.
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: Robert Spoo
Publisher: Bloomsbury Publishing
ISBN: 1474275826
Category : Literary Criticism
Languages : en
Pages : 208
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Book Description
Exploring critical legal issues and cases of the period-from Oscar Wilde's prosecution for gross indecency to legal bans on such publications as D.H. Lawrence's Lady Chatterley's Lover, Radclyffe Hall's The Well of Loneliness, and James Joyce's Ulysses-Modernism and the Law is the first book to survey the legal contexts of transatlantic Anglo-American modernist culture. Written by one of the leading authorities on the subject, the book covers such topics as: · Obscenity laws and censorship · Copyrights, moral rights, and the public domain · Patronage and literary piracy · Privacy, defamation, publicity, and blackmail Including an annotated list of relevant statutes, treaties, and cases, this is an essential read for scholars and students coming to the subject for the first time as well as for experienced scholars.
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: 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: 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: David Luban
Publisher:
ISBN:
Category : Critical legal studies
Languages : en
Pages : 0
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Book Description
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: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 9780521519953
Category : History
Languages : en
Pages : 318
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Book Description
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Author: Daniel Damler
Publisher:
ISBN: 9781780688343
Category : Art
Languages : en
Pages : 0
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Book Description
The year 2019 marks the centenary of the founding of the Bauhaus, arguably the most influential school of art and design in the modern era. Commemorative activities will focus on its culture-historical significance, with scant attention being paid to a more fundamental question: the ramifications on legal and political thinking caused by the deep-seated transformation of the material world during the so-called age of extremes.Daniel Damler reveals the finely woven fabric of material and intellectual culture, using the example of New Objectivity to show how radical changes in the design and material vocabulary of objects generate new political and legal paradigms. It was contemporaries of the Bauhaus revolution who began to apply aesthetic maxims such as 'functionality' and 'clarity' to the state and political thought. Our present-day demands for the 'transparency' of governments and parliaments (without really knowing what we even mean by this) are very much a part of this tradition.After the watershed of 1914, the 'virtues' associated with glass, steel and functional forms served as a surrogate for the lost ideological consensus in the fragmented societies of modernity. Examining the works of prominent twentieth-century legal scholars, Damler discovers a remarkable intertwining of the material and the intellectual, while offering new insights into the proto-legal spaces of imagination of leading architects such as Le Corbusier and Bruno Taut.Bauhaus Laws offers an extraordinary and timeless look at the shadow empire of legal aesthetics. His plea to take seriously the internal dynamics of concepts and figures of thought borrowed from material culture is addressed to legal scholars, political scientists and anthropologists, as well as to architects and designers. It is also aimed at readers who believe in political self-determination and the autonomy of the legal system.
