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Law As Metaphor
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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.
Download or read book Law as Metaphor written by June Starr and published by SUNY Press. This book was released on 1992-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the growth of secular law in a Middle East nation, revealing it to be the product of elite competition over control of the state, a competition the secular elites won in Turkey when Ataturk set up the new Republic. The author demonstrates the great extent to which secularism dominates the discourse of Turkish conflict resolution by the mid-1960s. Her work exemplifies the uses of empirical field research set within a historical context.
Book Synopsis Lying Down Together by : Milner S. Ball
Download or read book Lying Down Together written by Milner S. Ball and published by . This book was released on 1985 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is understood, interpreted, and practiced by metaphor. The presently dominant, conceptual metaphor for law is that "law is the bulwark of freedom." Milner S. Ball, in this experimental statement, invites the reader to consider an alternate metaphor: "law is a medium of human solidarity." A more humane metaphor for law, Ball's alternative connotes an open-ended conductor allowing for exchange and flow rather than the defensive wall or barrier associated with "bulwark." To discover how this alternate metaphor may take concrete form, Ball explores the law of the sea and coast while basing his discussion in broad theological terms. This provocative analysis of jurisprudence will interest academic and practicing lawyers, theologians, philosophers, and political scientists concerned with legal studies. Law as bulwark suggests a static, defensive posture that is all divisions and boundaries--a contradiction to the meaning and purpose of law as well as destructive of human community. Law as medium, illuminated by Ball's analysis of international, federal, and state marine law, releases these barriers and promotes a flow of dialogue. When viewed in this way, law serves the dynamics of a transfigured society. The metaphorical context of law as bulwark, depicted by Ball, is "Fortress America"; the metaphorical context of law as medium is the "Peaceable Kingdom." Ball examines the possibilities and practice of law as the medium of the "Peaceable Kingdom" through a theological perspective based on a nonreligious, political theology of the natural. The author also draws imaginatively upon ecology, physics, art, literature, ethics, and rhetoric to persuade the reader to join him in his hope for a jurisprudence more authentically human and less inherently victimizing than that of the legal system today.
Book Synopsis Kant's Tribunal of Reason by : Sofie Møller
Download or read book Kant's Tribunal of Reason written by Sofie Møller and published by Cambridge University Press. This book was released on 2020-03-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.
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 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been recognized that court trials, both criminal and civil, in the common law system, 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.
Download or read book Laws Metaphors written by David Gurnham and published by Wiley-Blackwell. This book was released on 2016-03-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Metaphors: Interrogating Languages of Law, Justice and Legitimacy presents a series of essays that reveal how metaphors for terms relating to the theory and practice of law are utilized in legal texts, literary works, and in our popular imagination. Represents an innovative approach to interdisciplinary legal scholarship Features new developments in theorizing law’s relations with language, society, and culture Includes contributions from European and North American scholars across several relevant disciplines Reveals the prevalence and power of the use of metaphors in the legal profession and in the popular imagination
Book Synopsis Metaphor in Legal Discourse by : Inesa Šeškauskienė
Download or read book Metaphor in Legal Discourse written by Inesa Šeškauskienė and published by Cambridge Scholars Publishing. This book was released on 2022-02-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.
Book Synopsis Analogy and Exemplary Reasoning in Legal Discourse by : Hendrik Kaptein
Download or read book Analogy and Exemplary Reasoning in Legal Discourse written by Hendrik Kaptein and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning-which relies on the concept of two different things being in some way like each other-is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?
Book Synopsis Malignant Metaphor by : Alanna Mitchell
Download or read book Malignant Metaphor written by Alanna Mitchell and published by ECW Press. This book was released on 2015-09-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Clear medical explanations . . . will bring comfort to those readers and their loved ones facing a cancer diagnosis” (Publishers Weekly). A Finalist for the Lane Anderson Award for Science Writing Alanna Mitchell explores the facts and myths about cancer in this powerful book, as she recounts her family’s experiences with the disease. When her beloved brother-in-law John is diagnosed with malignant melanoma, Alanna throws herself into the latest clinical research, providing us with a clear description of what scientists know of cancer and its treatments. When John enters the world of alternative treatments, Alanna does, too, looking for the science in untested waters. She comes face to face with the misconceptions we share about cancer, which are rooted in blame and anxiety, and opens the door to new ways of looking at our most-feared illness. Beautifully written, Malignant Metaphor is a compassionate and persuasive book that has the power to change the conversation about cancer. “Mitchell’s research is rooted in science, while her writing remains grippingly personal.” ―Quill & Quire
Book Synopsis The Cambridge Handbook of Metaphor and Thought by : Raymond W. Gibbs, Jr.
Download or read book The Cambridge Handbook of Metaphor and Thought written by Raymond W. Gibbs, Jr. and published by Cambridge University Press. This book was released on 2008-09-22 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection of essays in multidisciplinary metaphor scholarship that has been written in response to the growing interest among scholars and students from a variety of disciplines such as linguistics, philosophy, anthropology, music and psychology. These essays explore the significance of metaphor in language, thought, culture and artistic expression. There are five main themes of the book: the roots of metaphor, metaphor understanding, metaphor in language and culture, metaphor in reasoning and feeling, and metaphor in non-verbal expression. Contributors come from a variety of academic disciplines, including psychology, linguistics, philosophy, cognitive science, literature, education, music, and law.
Download or read book Law as Art written by Gary P. Bagnall and published by Routledge. This book was released on 2016-12-05 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index.
Book Synopsis Mind, Machine, And Metaphor by : Alexander E. Silverman
Download or read book Mind, Machine, And Metaphor written by Alexander E. Silverman and published by Routledge. This book was released on 2019-03-08 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mind, Machine, and Metaphor is a rich, original, and wide-ranging view of legal theory in the context of artificial intelligence (AI) research. It is essential reading for legal theorists and for legal scholars and students of AI with an interest in each other's fields.
Book Synopsis The Province of Jurisprudence Determined by : John Austin
Download or read book The Province of Jurisprudence Determined written by John Austin and published by . This book was released on 1832 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Law by : Sean Patrick Donlan
Download or read book Comparative Law written by Sean Patrick Donlan and published by Routledge. This book was released on 2019-12-06 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Book Synopsis Metaphor and Reason in Judicial Opinions by : Haig A. Bosmajian
Download or read book Metaphor and Reason in Judicial Opinions written by Haig A. Bosmajian and published by SIU Press. This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the public, judges handing down judicial decisions present arguments arrived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "Rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn’t law be?" Haig Bosmajian examines the crucial role of the trope—metaphors, personifications, metonymies—in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as "the wall of separation" between church and state, justice personified as a female, or the Constitution as "colorblind," explaining why they are not straightforward statements of legal fact but examples of the ways tropes are used in legal language. A useful example can be found in Judge Learned Hand’s response to a 1943 case involving news gathering and monopoly. Hand found the need to protect the public’s right to the "dissemination of news from as many different sources, and with as many different facets and colors possible," an interest "closely akin to, if indeed it is not the same as, the interest protected by the First Amendment; it presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and always will be folly; but we have staken upon it our all."
Book Synopsis The Legal Imagination by : James Boyd White
Download or read book The Legal Imagination written by James Boyd White and published by University of Chicago Press. This book was released on 1985-12-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
Book Synopsis Metaphorical Stories in Discourse by : L. David Ritchie
Download or read book Metaphorical Stories in Discourse written by L. David Ritchie and published by Cambridge University Press. This book was released on 2017-09-14 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains, in straightforward language, metaphorical stories using examples from sources such as conversations, speeches, and editorial cartoons.
