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Artefacts Of Legal Inquiry
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Book Synopsis Artefacts of Legal Inquiry by : Maksymilian Del Mar
Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by . This book was released on 2020 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Inquiry -- Artefacts -- Imagination -- Enabling Inquiry -- Fictions -- Metaphors -- Figures -- Scenarios -- Conclusion.
Book Synopsis Artefacts of Legal Inquiry by : Maksymilian Del Mar
Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Book Synopsis Artefacts of Legal Inquiry by : Maksymilian Del Mar
Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Book Synopsis Legal Fictions in Private Law by : Liron Shmilovits
Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.
Book Synopsis Judicial Rhapsodies by : Doug Coulson
Download or read book Judicial Rhapsodies written by Doug Coulson and published by Amherst College Press. This book was released on 2023-02-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Book Synopsis Taking Law Seriously by : James Goudkamp
Download or read book Taking Law Seriously written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Book Synopsis The Evolution of EU Law by : Paul Craig
Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2021-08-19 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.
Book Synopsis Virtue, Emotion and Imagination in Law and Legal Reasoning by : Amalia Amaya
Download or read book Virtue, Emotion and Imagination in Law and Legal Reasoning written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Book Synopsis The Making Sense of Politics, Media and Law by : Gary Watt
Download or read book The Making Sense of Politics, Media and Law written by Gary Watt and published by Cambridge University Press. This book was released on 2023-05-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes sense of truthmaking in law, media, politics, and courts of popular opinion including on transgender controversies and cancel culture.
Book Synopsis Research Handbook on Legal Evolution by : Wojciech Zaluski
Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Book Synopsis Research Handbook on Law and Emotion by : Susan A. Bandes
Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Book Synopsis Advanced Introduction to Legal Research Methods by : Ernst H. Ballin
Download or read book Advanced Introduction to Legal Research Methods written by Ernst H. Ballin and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.
Book Synopsis The Reasonable Person by : Valentin Jeutner
Download or read book The Reasonable Person written by Valentin Jeutner and published by Cambridge University Press. This book was released on 2024-05-31 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive account of the history and function of the common law's reasonable person.
Book Synopsis Legal Design by : Corrales Compagnucci, Marcelo
Download or read book Legal Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.
Download or read book Live Artefacts written by Terence Cave and published by Oxford University Press. This book was released on 2022-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literary artefacts—the stories people tell, the songs they sing, the scenes they enact—are neither a by-product nor a side-issue in human culture. They provide a model of everything that cognition does. They refuse to separate thought from emotion, bodily responses from ethical reflection, perception from imagination, logic from desire. Above all, they demonstrate the essential fluidity and mobility of human cognition, its adaptive inventiveness. If we are astonished by the art of Chauvet or Lascaux as an early model of human cognition, then we should be continually astonished by what literature is and does as it reaches beyond itself to reimagine the world. This book argues that literary artefacts are quasi-autonomous living entities, fashioned to animate captured environments, embodied people and other creatures, ways of being and living that remain virtual. They own a freely delegated agency that allows them to speak to listeners and readers present and distant, present and future, adapting themselves and their meanings to whatever cognitive environment they encounter. Such an approach offers a way of linking a close attention to the specific properties of literary artefacts with the insights of cognitive anthropology and archaeology, and thus of satisfying the conditions for a properly interdisciplinary understanding of literature. It aims both to defend literary study against utilitarian and reductive arguments of all kinds and to argue that literary artefacts may give us new insights into how the mind (and its indispensable substratum, the brain) functions in the human ecology.
Book Synopsis Law and Imagination in Troubled Times by : Richard Mullender
Download or read book Law and Imagination in Troubled Times written by Richard Mullender and published by Routledge. This book was released on 2020-05-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Book Synopsis Legal Fictions in International Law by : Reece Lewis
Download or read book Legal Fictions in International Law written by Reece Lewis and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
