Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide PDF Author: Brian Z. Tamanaha
Publisher: Princeton University Press
ISBN: 1400831989
Category : Law
Languages : en
Pages : 265

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Book Description
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide PDF Author: Brian Z. Tamanaha
Publisher: Princeton University Press
ISBN: 1400831989
Category : Law
Languages : en
Pages : 265

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Book Description
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Formalist Criticism and Reader-Response Theory

Formalist Criticism and Reader-Response Theory PDF Author: Todd Davis
Publisher: Bloomsbury Publishing
ISBN: 140391916X
Category : Literary Criticism
Languages : en
Pages : 208

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Book Description
This invaluable guide by Todd F. Davis and Kenneth Womack offers an accessible introduction to two important movements in the history of twentieth-century literary theory. A complementary text to the Palgrave volume Postmodern Narrative Theory by Mark Currie, this new title addresses a host of theoretical concerns, as well as each field's principal figures and interpretive modes. As with other books in the Transitions series, Formalist Criticism and Reader-response Theory includes readings of a range of widely-studied texts, including Joseph Conrad's Heart of Darkness, Charlotte Bronte's Jane Eyre, and F. Scott Fitzgerald's The Great Gatsby, among others. Transitions critically explores movements in literary theory. Guiding the reader through the poetics and politics of interpretative paradigms and schools of thought, Transitions helps direct the student's own acts of critical analysis. As well as transforming the critical developments of the past by interpreting them from the perspective of the present day, each study enacts transitional readings of a number of well-known literary texts.

Russian Formalist Criticism

Russian Formalist Criticism PDF Author: Lee T. Lemon
Publisher: U of Nebraska Press
ISBN: 9780803254602
Category : Literary Criticism
Languages : en
Pages : 166

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Book Description
"Some of the most important literary theory of this century."--College English Russian formalists emerged from the Russian Revolution with ideas about the independence of literature. They enjoyed that independence until Stalin shut them down. By then they had produced essays that remain among the best defenses ever written for both literature and its theory. Included here are four essays representing key points in the formalists' short history. Victor Scklovsky's pathbreaking "Art as Technique" (1917) vindicates disorder in literary style. His 1921 essay on Tristram Shandy makes that eccentric novel the centerpiece for a theory of narrative. A section from Tomashevsky's "Thematics" (1925) inventories the elements of stories. In "The Theory of the 'Formal Method'" (1927) Boris Eichenbaum defends Russian formalism from many attacks. An able champion, he describes formalism's evolution, notes its major workers and works, clears away decayed axioms, and rescues literature from "primitive historicism" and other dangers. These essays set a course for literary studies that led to Prague structuralism, French semiotics, and postmodern poetics. Russian Formalist Criticism has been honored as a Choice Outstanding Academic Book of the Year by the American Library Association.

Speculative Formalism

Speculative Formalism PDF Author: Tom Eyers
Publisher: Northwestern University Press
ISBN: 0810134322
Category : Literary Criticism
Languages : en
Pages : 374

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Book Description
Speculative Formalism engages decisively in recent debates in the literary humanities around form and formalism, making the case for a new, nonmimetic and antihistoricist theory of literary reference. Where formalism has often been accused of sealing texts within themselves, Eyers demonstrates instead how a renewed, speculative formalism can illuminate the particular ways in which literature actively opens onto history, politics, and nature, in a connective movement that puts formal impasses to creative use. Through a combination of philosophical reflection and close rhetorical readings, Eyers explores the possibilities and limits of deconstructive approaches to the literary, the impact of the “digital humanities” on theory, and the prospects for a formalist approach to “world literature.” The book includes sustained close readings of Baudelaire, Mallarmé, Yeats, and Wallace Stevens, as well as Alain Badiou, Paul de Man, and Fredric Jameson.

The Polish Formalist School and Russian Formalism

The Polish Formalist School and Russian Formalism PDF Author: Andrzej Karcz
Publisher: University Rochester Press
ISBN: 9781580461108
Category : Literary Criticism
Languages : en
Pages : 214

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Book Description
Revising his 1999 doctoral dissertation for the University of Chicago, Karcz explores the Polish Formalist School of literary theory and analysis, which had already sprouted when Russian Formalism was silenced as heresy by Stalinist pressures in 1930, and the relationship between the two movements. He begins by discussing the anticipations of Polish Formalism, then focuses on the work of Kazimierz Woycicki (1876-1938), Mandred Kridl (1882-1957), and other primary theoreticians and practitioners. Excerpts are in English. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

The Formalist

The Formalist PDF Author:
Publisher:
ISBN:
Category : American poetry
Languages : en
Pages : 272

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Book Description


The Oxford Handbook of Modern Irish Poetry

The Oxford Handbook of Modern Irish Poetry PDF Author: Fran Brearton
Publisher: OUP Oxford
ISBN: 0191636754
Category : Literary Criticism
Languages : en
Pages : 743

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Book Description
Forty chapters, written by leading scholars across the world, describe the latest thinking on modern Irish poetry. The Handbook begins with a consideration of Yeats's early work, and the legacy of the 19th century. The broadly chronological areas which follow, covering the period from the 1910s through to the 21st century, allow scope for coverage of key poetic voices in Ireland in their historical and political context. From the experimentalism of Beckett, MacGreevy, and others of the modernist generation, to the refashioning of Yeats's Ireland on the part of poets such as MacNeice, Kavanagh, and Clarke mid-century, through to the controversially titled post-1969 'Northern Renaissance' of poetry, this volume will provide extensive coverage of the key movements of the modern period. The Handbook covers the work of, among others, Paul Durcan, Thomas Kinsella, Brendan Kennelly, Seamus Heaney, Paul Muldoon, Michael Longley, Medbh McGuckian, and Ciaran Carson. The thematic sections interspersed throughout - chapters on women's poetry, religion, translation, painting, music, stylistics - allow for comparative studies of poets north and south across the century. Central to the guiding spirit of this project is the Handbook's consideration of poetic forms, and a number of essays explore the generic diversity of poetry in Ireland, its various manipulations, reinventions and sometimes repudiations of traditional forms. The last essays in the book examine the work of a 'new' generation of poets from Ireland, concentrating on work published in the last two decades by Justin Quinn, Leontia Flynn, Sinead Morrissey, David Wheatley, Vona Groarke, and others.

Foundations and Fundamental Concepts of Mathematics

Foundations and Fundamental Concepts of Mathematics PDF Author: Howard Whitley Eves
Publisher: Courier Corporation
ISBN: 9780486696096
Category : Mathematics
Languages : en
Pages : 370

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Book Description
This third edition of a popular, well-received text offers undergraduates an opportunity to obtain an overview of the historical roots and the evolution of several areas of mathematics. The selection of topics conveys not only their role in this historical development of mathematics but also their value as bases for understanding the changing nature of mathematics. Among the topics covered in this wide-ranging text are: mathematics before Euclid, Euclid's Elements, non-Euclidean geometry, algebraic structure, formal axiomatics, the real numbers system, sets, logic and philosophy and more. The emphasis on axiomatic procedures provides important background for studying and applying more advanced topics, while the inclusion of the historical roots of both algebra and geometry provides essential information for prospective teachers of school mathematics. The readable style and sets of challenging exercises from the popular earlier editions have been continued and extended in the present edition, making this a very welcome and useful version of a classic treatment of the foundations of mathematics. "A truly satisfying book." — Dr. Bruce E. Meserve, Professor Emeritus, University of Vermont.

On the Methodology of Economics and the Formalist Revolution

On the Methodology of Economics and the Formalist Revolution PDF Author: Terence Wilmot Hutchison
Publisher: Edward Elgar Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 400

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Book Description
Hutchison (economics, emeritus, U. of Birmingham, UK) presents a collection of essays written between 1975 and 1999 addressing central problems in the methodology of economics. Arranged in order of publication, the essays focus on two major developments since mid- century: the increase in the number and variety of writings on the methodology of the "philosophy" of economics, which he asserts has led to the virtual breakdown in communication between methodologists and mainstream economists, and the "formalist revolution." Hutchison analyzes this revolution and proposes ways to improve communication between mainstream economists and methodologists. Annotation copyrighted by Book News, Inc., Portland, OR

The Formalist Heritage and Socially Committed Art

The Formalist Heritage and Socially Committed Art PDF Author: Martha Rosler
Publisher:
ISBN:
Category : Aesthetics
Languages : en
Pages : 178

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Book Description