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Author: Carla Spivack
Publisher: Talbot Publishing
ISBN: 9781616193911
Category : Law and literature
Languages : en
Pages : 0
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Book Description
xv, 266 pp. xv, 266 pp. Using fiction as a lens to view our present circumstances and our growing concerns about terrorism and civil liberties, each of the essays discusses a work of literary fiction - some classical, some modern - that concerns, directly or indirectly, the historical development of the law. Each essay considers the legal lessons about the fictional event or events at its core, lessons that tell us something worth remembering as we continue to chart law's evolution. These lessons, like those that may be found in all great literature, necessarily extend beyond the historical confines of the characters and plot and background of each story to embrace the modern condition - which, as these great stories suggest, is and always has been the only condition.Published by Talbot Publishing, an imprint of the Lawbook Exchange, Ltd.
Author: Roberto Mangabeira Unger
Publisher: Simon and Schuster
ISBN: 0029328802
Category : Law
Languages : en
Pages : 324
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Book Description
"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449
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Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0
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Book Description
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Author: Bernd Hüppauf
Publisher: Walter de Gruyter
ISBN: 311081725X
Category : Literary Criticism
Languages : en
Pages : 425
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Book Description
Author: Kaarlo Tuori
Publisher: Cambridge University Press
ISBN: 1108844723
Category : Law
Languages : en
Pages : 315
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Book Description
The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.
Author: Carla Spivack
Publisher: Talbot Publishing
ISBN: 9781616193911
Category : Law and literature
Languages : en
Pages : 0
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Book Description
xv, 266 pp. xv, 266 pp. Using fiction as a lens to view our present circumstances and our growing concerns about terrorism and civil liberties, each of the essays discusses a work of literary fiction - some classical, some modern - that concerns, directly or indirectly, the historical development of the law. Each essay considers the legal lessons about the fictional event or events at its core, lessons that tell us something worth remembering as we continue to chart law's evolution. These lessons, like those that may be found in all great literature, necessarily extend beyond the historical confines of the characters and plot and background of each story to embrace the modern condition - which, as these great stories suggest, is and always has been the only condition.Published by Talbot Publishing, an imprint of the Lawbook Exchange, Ltd.
Author: Arif A. Jamal
Publisher: Routledge
ISBN: 1315466791
Category : Law
Languages : en
Pages : 256
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Book Description
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
Author: Arthur English
Publisher: Beard Books
ISBN: 1587980665
Category : Law
Languages : en
Pages : 472
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Book Description
These two volumes contain absorbing and interesting concise definitions of ancient and modern words and terms that a student or lawyer might come across in legal readings. Purely statutory and judicial definitions, since they are constantly changing, are excluded. This is a wonderful reference source for all who are serious about legal history or merely curious as to the meaning of thousands of words often or rarely encountered.
Author: Denis Galligan
Publisher: OUP Oxford
ISBN: 0191018864
Category : Law
Languages : en
Pages : 400
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Book Description
Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Author: Reza Banakar
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409407393
Category : Law
Languages : en
Pages : 376
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Book Description
This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by indiv
