Fictional Discourse And The Law

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Fictional Discourse and the Law

Author : Hans J. Lind
Publisher : Routledge
ISBN 13 : 0429887612
Total Pages : 244 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Fictional Discourse and the Law by : Hans J. Lind

Download or read book Fictional Discourse and the Law written by Hans J. Lind and published by Routledge. This book was released on 2020-04-14 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.

Fiction and the Languages of Law

Author : Karen Petroski
Publisher : Routledge
ISBN 13 : 1351163825
Total Pages : 340 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Fiction and the Languages of Law by : Karen Petroski

Download or read book Fiction and the Languages of Law written by Karen Petroski and published by Routledge. This book was released on 2018-10-10 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Fictions, Lies, and the Authority of Law

Author : Steven D. Smith
Publisher : University of Notre Dame Pess
ISBN 13 : 0268201196
Total Pages : 349 pages
Book Rating : 4.2/5 (682 download)

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Book Synopsis Fictions, Lies, and the Authority of Law by : Steven D. Smith

Download or read book Fictions, Lies, and the Authority of Law written by Steven D. Smith and published by University of Notre Dame Pess. This book was released on 2021-09-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fictional Discourse

Author : Stefano Predelli
Publisher : Oxford University Press
ISBN 13 : 0192595962
Total Pages : 193 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Fictional Discourse by : Stefano Predelli

Download or read book Fictional Discourse written by Stefano Predelli and published by Oxford University Press. This book was released on 2020-01-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fictional Discourse: A Radical Fictionalist Semantics combines the insight of linguistic and philosophical semantics with the study of fictional language. Its central idea is familiar to anyone exposed to the ways of narrative fiction, namely the notion of a fictional teller. Starting with premises having to do with fictional names such as 'Holmes' or 'Emma', Stefano Predelli develops Radical Fictionalism, a theory that is subsequently applied to central themes in the analysis of fiction. Among other things, he discusses the distinction between storyworlds and narrative peripheries, the relationships between homodiegetic and heterodiegetic narrative, narrative time, unreliability, and closure. The final chapters extend Radical Fictionalism to critical discourse, as Predelli introduces the ideas of critical and biased retelling, and pauses on the relationships between Radical Fictionalism and talk about literary characters.

Law's Stories

Author : Peter Brooks
Publisher : Yale University Press
ISBN 13 : 9780300146295
Total Pages : 316 pages
Book Rating : 4.1/5 (462 download)

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Book Synopsis Law's Stories by : Peter Brooks

Download or read book Law's Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

The Literary and Legal Genealogy of Native American Dispossession

Author : George D Pappas
Publisher : Routledge
ISBN 13 : 1317282108
Total Pages : 250 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Literary and Legal Genealogy of Native American Dispossession by : George D Pappas

Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D Pappas and published by Routledge. This book was released on 2017-07-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.

Interpretivism and the Limits of Law

Author : Tomasz Gizbert-Studnick
Publisher : Edward Elgar Publishing
ISBN 13 : 1802209328
Total Pages : 264 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Interpretivism and the Limits of Law by : Tomasz Gizbert-Studnick

Download or read book Interpretivism and the Limits of Law written by Tomasz Gizbert-Studnick and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.

Narrative and Metaphor in the Law

Author : Michael Hanne
Publisher : Cambridge University Press
ISBN 13 : 1108422799
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne

Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.

A Theory of Law and Literature

Author : Angela Condello
Publisher : BRILL
ISBN 13 : 9004448152
Total Pages : 131 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Theory of Law and Literature by : Angela Condello

Download or read book A Theory of Law and Literature written by Angela Condello and published by BRILL. This book was released on 2020-11-16 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the authors work on an innovative comparison between law and literature, starting from the modes in which law and literature function: they read law and literature as arts of compromising.

The Fictional Dimension of the School Shooting Discourse

Author : Silke Braselmann
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110647621
Total Pages : 623 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis The Fictional Dimension of the School Shooting Discourse by : Silke Braselmann

Download or read book The Fictional Dimension of the School Shooting Discourse written by Silke Braselmann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-17 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the 1990s, school shootings have shocked the public in their brutality, their suddenness, and their inexplicability. While film and literature have played a role in the heated debates about so-called copycat crimes, the growing body of fictionalizations of school shootings has been neglected thus far. However, in a discourse in which the boundaries between fiction and reality are increasingly blurred, this book shows how fiction shapes and structures, challenges and disrupts cultural processes of meaning-making. Hence, for a better understanding of the school shooting phenomenon, the relevance of fiction on all levels of discourse construction requires thorough analysis. This book therefore develops a new approach to the role of fiction for contemporary forms of excessive violence. By combining narrative theory with insights from sociology and other disciplines, it provides the means for apprehending and describing the relevance of fiction for contemporary discourses. Furthermore, it provides exemplary analyses of more specific functions of literary and filmic fictionalizations of school shootings between 2000 and 2016.

Corpus-based Research on Variation in English Legal Discourse

Author : Teresa Fanego
Publisher : John Benjamins Publishing Company
ISBN 13 : 9027262837
Total Pages : 304 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Corpus-based Research on Variation in English Legal Discourse by : Teresa Fanego

Download or read book Corpus-based Research on Variation in English Legal Discourse written by Teresa Fanego and published by John Benjamins Publishing Company. This book was released on 2019-02-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.

Constitutional Semiotics

Author : Martin Belov
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931414
Total Pages : 361 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Semiotics by : Martin Belov

Download or read book Constitutional Semiotics written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Pragmatics of Fiction

Author : Miriam A. Locher
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110431092
Total Pages : 628 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Pragmatics of Fiction by : Miriam A. Locher

Download or read book Pragmatics of Fiction written by Miriam A. Locher and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-04-10 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatics of Fiction provides systematic orientation in the emerging field of studying pragmatics with/in fictional data. It provides an authoritative and accessible overview of this versatile new field in its methodological and theoretical richness. Giving center stage to fictional language allows scholars to review key concepts in sociolinguistics such as genre, style, voice, stance, dialogue, participation structure or features of orality and literariness. The contributors explore language as one of the creative tools to craft story worlds and characters by drawing on concepts such as regional, social and ethnic language variation, as well as multilingualism. Themes such as emotion, taboo language or impoliteness in fiction receive attention just as the challenges of translation and dubbing, the creation of past and future languages, the impact of fictional language on language change or the fuzzy boundaries of narratives. Each contribution, written by a leading specialist, gives a succinct, representative and up-to-date overview of research questions, theories, methods and recent developments in the field.

Recovering the U.S. Hispanic Literary Heritage

Author : Virginia Sánchez Korrol
Publisher : Arte Publico Press
ISBN 13 : 1558852514
Total Pages : 465 pages
Book Rating : 4.5/5 (588 download)

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Book Synopsis Recovering the U.S. Hispanic Literary Heritage by : Virginia Sánchez Korrol

Download or read book Recovering the U.S. Hispanic Literary Heritage written by Virginia Sánchez Korrol and published by Arte Publico Press. This book was released on 1993 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents essays dealing with literature written by Hispanic Americans from the sixteenth century through 1960, evaluates individual authors, and examines the contributions of Latino authors in a multicultural, multilingual society.

The Criminal Spectre in Law, Literature and Aesthetics

Author : Peter J. Hutchings
Publisher : Routledge
ISBN 13 : 1317797515
Total Pages : 234 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis The Criminal Spectre in Law, Literature and Aesthetics by : Peter J. Hutchings

Download or read book The Criminal Spectre in Law, Literature and Aesthetics written by Peter J. Hutchings and published by Routledge. This book was released on 2014-06-23 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal and aesthetic discourses that combine to shape the image of the criminal, and that image's contemporary endurance. The author traces the roots of contemporary ideas about criminality back to legal, philosophical and aesthetic concepts originating in the nineteenth century. Building on the ideas of Foucault and Walter Benjamin, Hutchings argues that the criminal, as constructed in places such as popular crime stories or the law of insanity, became an obsession which haunted nineteenth century thought.

Narrative and Metaphor in the Law

Author : Michael Hanne
Publisher : Cambridge University Press
ISBN 13 : 1108395236
Total Pages : 439 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne

Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been recognized that court trials in the common law system, both criminal and civil, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.

Law and the Humanities

Author : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 0521899052
Total Pages : 553 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Law and the Humanities by : Austin Sarat

Download or read book Law and the Humanities written by Austin Sarat and published by Cambridge University Press. This book was released on 2010 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.