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Author: James W. Watts
Publisher: A&C Black
ISBN: 0567193330
Category : Religion
Languages : en
Pages : 191
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Book Description
Watts here argues that conventions of oral rhetoric were adapted to shape the literary form and contents of the Pentateuch. The large-scale structure-stories introducing lists of laws that conclude with divine sanctions-reproduces a common ancient strategy for persuasion. The laws' use of direct address, historical motivations and frequent repetitions serve rhetorical ends, and even the legal contradictions seem designed to appeal to competing constituencies. The instructional speeches of God and Moses reinforce the persuasive appeal by characterizing God as a just ruler and Moses as a faithful scribe. The Pentateuch was designed to persuade Persian-period Judaeans that this Torah should define their identity as Israel.
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author: Ruth Ann McKinney
Publisher:
ISBN: 9781611631104
Category : Law
Languages : en
Pages : 0
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Book Description
Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.
Author: Peter Goodrich
Publisher: Wiley-Blackwell
ISBN: 9780631146315
Category : Droit - Grande-Bretagne
Languages : en
Pages : 229
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Book Description
Author: Marco Wan
Publisher: Routledge
ISBN: 0415673542
Category : History
Languages : en
Pages : 258
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Book Description
The Legal Case: Cross-Currents in Law and the Humanitiesre-examines the seemingly familiar notion of a ‘legal case’ by exploring the histories, practices, conventions and rhetoric of ‘case law’. The doctrine of stare decisis, whereby courts are bound by precedent cases, underpins legal reasoning in the common law world. At the same time, the legal case is itself a product of institutional and linguistic practices, and raises broader questions about the foundations and boundaries of law. The idea of the ‘case’ as an ordered, closed narrative with a determinate outcome is, for example, integral to medical, psychoanalytic, as well as forensic discourses; whilst the notion of the ‘strange case’ is a popular one in the English fiction of the late nineteenth century. What is at stake in the attempt to categorise or define a situation as a legal case? Is the notion of binding precedent in ‘case law’ really distinctive to the common law? And if so, why? What can the concept of a ‘case’ in other disciplines and discourses tell us about how it operates in law? With contributions from legal philosophers, legal historians, literary critics, and linguists, this book moves beyond the jurisprudential discussion of the nature and authority of the legal case, as it draws on insights from philosophy, m linguistics, narratology, drama, and film.
Author: Scott Turow
Publisher: Farrar, Straus and Giroux
ISBN: 1429939567
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.
Author: James W. Watts
Publisher: A&C Black
ISBN: 0567193330
Category : Religion
Languages : en
Pages : 191
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Book Description
Watts here argues that conventions of oral rhetoric were adapted to shape the literary form and contents of the Pentateuch. The large-scale structure-stories introducing lists of laws that conclude with divine sanctions-reproduces a common ancient strategy for persuasion. The laws' use of direct address, historical motivations and frequent repetitions serve rhetorical ends, and even the legal contradictions seem designed to appeal to competing constituencies. The instructional speeches of God and Moses reinforce the persuasive appeal by characterizing God as a just ruler and Moses as a faithful scribe. The Pentateuch was designed to persuade Persian-period Judaeans that this Torah should define their identity as Israel.
Author: Assnat Bartor
Publisher: Society of Biblical Lit
ISBN: 1589834801
Category : Language Arts & Disciplines
Languages : en
Pages : 231
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Book Description
Casuistic or case law in the Pentateuch deals with real human affairs; each case law entails a compressed story that can encourage reader engagement with seemingly "dry" legal text. This book is the first to present an interpretive method integrating biblical law, jurisprudence, and literary theory, reflecting the current "law and literature" school within legal studies. It identifies the narrative elements that exist in the laws of the Pentateuch, exposes the narrative techniques employed by the authors, and discovers the poetics of biblical law, thus revealing new or previously unconsidered aspects of the relationship between law and narrative in the Bible
Author: Peter Charles Hoffer
Publisher: University Press of Kansas
ISBN: 0700635084
Category : Law
Languages : en
Pages : 246
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Book Description
In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 556
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Book Description
Author: Suneel Mehmi
Publisher: Routledge
ISBN: 1000428621
Category : History
Languages : en
Pages : 306
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Book Description
At the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalised. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.
