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Author: Barry Scott Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812205944
Category : Religion
Languages : en
Pages : 248
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Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Author: Barry Scott Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812205944
Category : Religion
Languages : en
Pages : 248
Get Book Here
Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Author: Barry Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812242998
Category : Biography & Autobiography
Languages : en
Pages : 249
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Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Author: Roland Scheel
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110661810
Category : History
Languages : en
Pages : 306
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Book Description
Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.
Author: Michael Hanne
Publisher: Cambridge University Press
ISBN: 1108422799
Category : Language Arts & Disciplines
Languages : en
Pages : 439
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Book Description
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Author: Jan Alber
Publisher: University of Toronto Press
ISBN: 1442693134
Category : Literary Criticism
Languages : en
Pages : 305
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Book Description
The prison system was one of the primary social issues of the Victorian era and a regular focus of debate among the period?s reformers, novelists, and poets. Stones of Law, Bricks of Shame brings together essays from a broad range of scholars, who examine writings on the Victorian prison system that were authored not by inmates, but by thinkers from the respectable middle class. Studying the ways in which writings on prisons were woven into the fabric of the period, the contributors consider the ways in which these works affected inmates, the prison system, and the Victorian public. Contesting and extending Michel Foucault's ideas on power and surveillance in the Victorian prison system, Stones of Law, Bricks of Shame covers texts from Charles Dickens to Henry James. This essential volume will refocus future scholarship on prison writing and the Victorian era.
Author: Wendy A Adams
Publisher: Routledge
ISBN: 1317078284
Category : Law
Languages : en
Pages : 227
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Book Description
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Author: K. Schaffer
Publisher: Springer
ISBN: 1403973660
Category : Social Science
Languages : en
Pages : 316
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Book Description
Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. These two contemporary domains, personal narrative and human rights, literature and international politics, are commonly understood to operate on separate planes. This study however, examines the ways these intersecting realms unfold and are enfolded in one another in ways both productive of and problematic for the achievement of social justice. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings; how international rights discourse enables and constrains individual and collective subjectivities in narration; how personal narratives circulate and take on new meanings in new contexts; and how and under what conditions they feed into, affect, and are affected by the reorganizations of politics in the post cold war, postcolonial, globalizing human rights contexts. To explore these intersections, the authors attend the production, circulation, reception, and affective currents of stories in action across local, national, transnational, and global arenas. They do so by looking at five case studies: in the context of the Truth and Reconciliation processes in South Africa; the National Inquiry into the Forced Removal of Indigenous Children from their Families in Australia; activism on behalf of former 'comfort women' from South/East Asia; U.S. prison activism; and democratic reforms in the aftermath of the Tiananmen Square Massacre in China.
Author: Chaya T. Halberstam
Publisher: Oxford University Press
ISBN: 0192634429
Category : Religion
Languages : en
Pages : 266
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Book Description
What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Chaya T. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care. Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472022091
Category : Law
Languages : en
Pages : 185
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Book Description
DIVA provocative collection of essays that reveals how the law takes its definition from what it excludes /div
Author: S. McManus
Publisher: Springer
ISBN: 1403976805
Category : Political Science
Languages : en
Pages : 226
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Book Description
Fictive Theories is a significant and innovative intervention in key debates in political theory concerning the ways theory should be philosophically grounded, and the task that political theory should set itself. Susan McManus argues that political theory has been grounded in controlling fictions (from fictions of human nature, to morals laws) that function to close possibility. Starting by interrogating the often hidden work of fictions in political theories, she argues that all theorizing is a form of world-creating. Rather than hiding the fictions at work in political theory, McManus argues that theory should become self-consciously fictive, and that there are political and ethical advantages to so doing. She then develops a uniquely deconstructive and utopian understanding of the project of political theory grounded in the 'fictive': a creative and future-oriented imagination. Rather than seeking to provide blueprints of how a polity should be organized, fictive theories seek to fabricate futures through the anticipatory articulation of possibility. Drawing on a rich range of thinkers from the traditions of political theory (Hobbes, Rousseau, Kant), deconstructive theory (Roland Barthes, Jacques Derrida) and utopian studies (Ernst Bloch), this book will be of interest to researchers, teachers and students in the fields of political theory, utopian studies, literary theory and cultural studies.
