Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law PDF Author: Steven Douglas Smith
Publisher:
ISBN: 9780268201265
Category : Authority
Languages : en
Pages : 291

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Book Description

Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law PDF Author: Steven Douglas Smith
Publisher:
ISBN: 9780268201265
Category : Authority
Languages : en
Pages : 291

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Book Description


Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law PDF Author: Steven D. Smith
Publisher: University of Notre Dame Pess
ISBN: 0268201196
Category : Law
Languages : en
Pages : 349

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Book Description
Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Law and Lies

Law and Lies PDF Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1316368971
Category : Law
Languages : en
Pages : 345

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Book Description
Law has a strangely complicated relationship to deception. Though it sometimes takes a hard line on behalf of truth - 'the truth, the whole truth, and nothing but the truth' - competing values often cause law to look the other way. How and why is lying alternately accepted, condemned, or prosecuted? What are the government's interests in allowing or disallowing lying? Law and Lies is the first book to thematically address the role of lying in the American legal system. Undercover police agents are permitted to lie in the name of catching criminals, and government officials are permitted to lie in service of national security. In the case of the military's 'Don't ask, don't tell' policy, lying was not only permitted, but actively encouraged. A range of illuminating case studies reveal that the government's tolerance of deception is rarely as simple as the 'whole truth'.

Lies We Tell Ourselves

Lies We Tell Ourselves PDF Author: Robin Talley
Publisher: Harlequin
ISBN: 0373212046
Category : Juvenile Fiction
Languages : en
Pages : 410

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Book Description
In 1959 Virginia, Sarah, a black student who is one of the first to attend a newly integrated school, forces Linda, a white integration opponent's daughter, to confront harsh truths when they work together on a school project.

The Architecture of Law

The Architecture of Law PDF Author: Brian M. McCall
Publisher: University of Notre Dame Pess
ISBN: 0268103364
Category : Law
Languages : en
Pages : 475

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Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.

Constitutional Law as Fiction

Constitutional Law as Fiction PDF Author: Lewis H. LaRue
Publisher: Penn State University Press
ISBN: 9780271014067
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
This book is part of the study of rhetoric in human affairs. As I have already stated, I contend that judicial opinions contain fictions and that these fictions make the opinions persuasive. Since rhetoric is the study of persuasive speech and writing, it follows that rhetoric is the category into which my book should be pigeonholed. - From the Introduction, by the author.

Fake Law

Fake Law PDF Author: The Secret Barrister
Publisher: Pan Macmillan
ISBN: 1529009960
Category : Law
Languages : en
Pages : 349

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Book Description
THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

But They Didn't Read Me My Rights!

But They Didn't Read Me My Rights! PDF Author: Michael D.Cicchini, JD
Publisher: Prometheus Books
ISBN: 1616143150
Category : Law
Languages : en
Pages : 275

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Book Description
Much of what we think we know about the law is actually a myth or misconception. This book debunks many of those myths and misconceptions by providing an entertaining yet educational tour of our American legal system, including its many oddities. In the process, the book answers many interesting legal questions about some of our most important, fascinating, and surprising laws in an array of areas. For example, the police do not have to read you your rights when they arrest you; in fact, sometimes they can even interrogate you without reading you your rights. Moreover, you can be charged and convicted of drunk driving for just turning the ignition key, even if you never drive the car or start the engine! While some contracts do have to be in writing to be enforceable, most don''t. The authors explain why. Written in a lively, appealing style, the book is composed of self-contained chapters, each addressing a distinct legal myth, oddity, question, or misconception. Select your favorite topic or enjoy the authors'' witty and very informative discussion of the law cover-to-cover. Either way, you are assured of being entertained, enlightened, and surprised!

A Principled Constitution?

A Principled Constitution? PDF Author: Steven D. Smith
Publisher: Rowman & Littlefield
ISBN: 1666911488
Category : Law
Languages : en
Pages : 123

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Book Description
Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do’s and don’ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.

Truth.Fiction.Lies

Truth.Fiction.Lies PDF Author: Patrick X Walsh
Publisher: FriesenPress
ISBN: 1525543687
Category : Biography & Autobiography
Languages : en
Pages : 566

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Book Description
How could he be a good boy and a bad boy at the same time? The TRUTH is what is. FICTION is not reality—but it can help us to see the TRUTH through stories, e.g., The Boy Who Cried Wolf. LIES deceive, for evil purposes, and for good purposes. But what happens when what we think is the TRUTH turns out to be a LIE? In his ninth decade, the author, who has spent his life creating FICTION to examine TRUTH, decided to write the story of his life, truthfully. But, in the process of examining his life—his prayers, works, joys and sufferings—he discovers it becomes more and more difficult to distinguish the TRUTH from the LIES. And the chief insights into the reality of a life he thought noble, his FICTION—often in the form of dreams—reveals his true nature as a failure in his professed faith—until a good woman shows him the way out of his dark forest.