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Author : David Luban
Publisher : University of Michigan Press
ISBN 13 : 9780472084395
Total Pages : 424 pages
Book Rating : 4.0/5 (843 download)
Download or read book Legal Modernism written by David Luban and published by University of Michigan Press. This book was released on 1997-09-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique and defense of modern legal theory
Author : David Luban
Publisher : University of Michigan Press
ISBN 13 : 0472024116
Total Pages : 424 pages
Book Rating : 4.4/5 (72 download)
Download or read book Legal Modernism written by David Luban and published by University of Michigan Press. This book was released on 2010-05-06 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Author : Ron Shaham
Publisher : BRILL
ISBN 13 : 9004369546
Total Pages : 201 pages
Book Rating : 4.0/5 (43 download)
Download or read book Rethinking Islamic Legal Modernism written by Ron Shaham and published by BRILL. This book was released on 2018-07-10 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Islamic Legal Modernism Ron Shaham presents Yusuf al-Qaradawi (b. 1926) as a genuine student of Rashid Rida (d. 1935) and offers an extensive analysis of Qaradawi's Wasati theory of ijtihad and its application in his legal opinions (fatwas).
Author : Peter Fitzpatrick
Publisher : Cambridge University Press
ISBN 13 : 9780521002530
Total Pages : 276 pages
Book Rating : 4.0/5 (25 download)
Download or read book Modernism and the Grounds of Law written by Peter Fitzpatrick and published by Cambridge University Press. This book was released on 2001-05-02 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that law is both derived from and constitutive of surrounding cultural contexts.
Author : Erik M. Bachman
Publisher : Penn State Press
ISBN 13 : 0271081694
Total Pages : 209 pages
Book Rating : 4.2/5 (71 download)
Download or read book Literary Obscenities written by Erik M. Bachman and published by Penn State Press. This book was released on 2018-03-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative historical study explores the broad sociocultural factors at play in the relationships among U.S. obscenity laws and literary modernism and naturalism in the early twentieth century. Putting obscenity case law’s crisis of legitimation and modernism’s crisis of representation into dialogue, Erik Bachman shows how obscenity trials and other attempts to suppress allegedly vulgar writing in the United States affected a wide-ranging debate about the power of the printed word to incite emotion and shape behavior. Far from seeking simply to transgress cultural norms or sexual boundaries, Bachman argues, proscribed authors such as Wyndham Lewis, Erskine Caldwell, Lillian Smith, and James T. Farrell refigured the capacity of writing to evoke the obscene so that readers might become aware of the social processes by which they were being turned into mass consumers, voyeurs, and racialized subjects. Through such efforts, these writers participated in debates about the libidinal efficacy of language with a range of contemporaries, from behavioral psychologists and advertising executives to book cover illustrators, magazine publishers, civil rights activists, and judges. Focusing on case law and the social circumstances informing it, Literary Obscenities provides an alternative conceptual framework for understanding obscenity’s subjugation of human bodies, desires, and identities to abstract social forces. It will appeal especially to scholars of American literature, American studies, and U.S. legal history.
Author : Ravit Pe'er-Lamo Reichman
Publisher : Stanford Law Books
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Affective Life of Law written by Ravit Pe'er-Lamo Reichman and published by Stanford Law Books. This book was released on 2009 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Woolf and the lesson of torts -- The strange character of law -- Property and carrying on -- Committed to memory : Rebecca West's Nuremberg -- From witness to neighbor : Arendt's Eichmann
Author : Lisa Siraganian
Publisher : Oxford University Press
ISBN 13 : 0192639633
Total Pages : 287 pages
Book Rating : 4.1/5 (926 download)
Download or read book Modernism and the Meaning of Corporate Persons written by Lisa Siraganian and published by Oxford University Press. This book was released on 2020-11-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.
Author : Stephen M. Feldman
Publisher : Oxford University Press
ISBN 13 : 019802696X
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Author : Paul K. Saint-Amour
Publisher : OUP USA
ISBN 13 : 0199731535
Total Pages : 400 pages
Book Rating : 4.1/5 (997 download)
Download or read book Modernism and Copyright written by Paul K. Saint-Amour and published by OUP USA. This book was released on 2011-01-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.
Author : Rex Ferguson
Publisher : Cambridge University Press
ISBN 13 : 110701297X
Total Pages : 223 pages
Book Rating : 4.1/5 (7 download)
Download or read book Criminal Law and the Modernist Novel written by Rex Ferguson and published by Cambridge University Press. This book was released on 2013-07-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an interdisciplinary account of the relationship between criminal trials and novels in the modernist period.
Author : Robert Spoo
Publisher : Bloomsbury Publishing
ISBN 13 : 1474275826
Total Pages : 208 pages
Book Rating : 4.4/5 (742 download)
Download or read book Modernism and the Law written by Robert Spoo and published by Bloomsbury Publishing. This book was released on 2018-08-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring critical legal issues and cases of the period-from Oscar Wilde's prosecution for gross indecency to legal bans on such publications as D.H. Lawrence's Lady Chatterley's Lover, Radclyffe Hall's The Well of Loneliness, and James Joyce's Ulysses-Modernism and the Law is the first book to survey the legal contexts of transatlantic Anglo-American modernist culture. Written by one of the leading authorities on the subject, the book covers such topics as: · Obscenity laws and censorship · Copyrights, moral rights, and the public domain · Patronage and literary piracy · Privacy, defamation, publicity, and blackmail Including an annotated list of relevant statutes, treaties, and cases, this is an essential read for scholars and students coming to the subject for the first time as well as for experienced scholars.
Author : Peter Fitzpatrick
Publisher : Routledge
ISBN 13 : 9780754626855
Total Pages : 0 pages
Book Rating : 4.6/5 (268 download)
Download or read book Law as Resistance written by Peter Fitzpatrick and published by Routledge. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of classic essays by Peter Fitzpatrick displays his characteristic radical tone and demonstrates his lasting contribution to social, political and postcolonial theories of law.
Author : Matthew Levay
Publisher : Cambridge University Press
ISBN 13 : 110842886X
Total Pages : 251 pages
Book Rating : 4.1/5 (84 download)
Download or read book Violent Minds written by Matthew Levay and published by Cambridge University Press. This book was released on 2019-01-03 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levay analyzes representations of the criminal in British and American modernism from the late nineteenth century to the 1950s.
Author : Lisa Siraganian
Publisher : Oxford University Press, USA
ISBN 13 : 0198868871
Total Pages : 287 pages
Book Rating : 4.1/5 (988 download)
Download or read book Modernism and the Meaning of Corporate Persons written by Lisa Siraganian and published by Oxford University Press, USA. This book was released on 2020-11-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring legal treatises, court decisions, political illustrations, photographs, and modernist literature, this volume reveals that the ambiguous status of corporate intention in the first half of the twentieth century provoked conflicting theories of meaning and interpretation still debated today.
Author : Desmond Manderson
Publisher : Routledge
ISBN 13 : 1136340467
Total Pages : 226 pages
Book Rating : 4.1/5 (363 download)
Download or read book Kangaroo Courts and the Rule of Law written by Desmond Manderson and published by Routledge. This book was released on 2012-07-26 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida’s writings on law, as well as using Derrida and Bakhtin to clarify Lawrence’s experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible.
Author : James McElvenny
Publisher : Edinburgh University Press
ISBN 13 : 1474425046
Total Pages : 200 pages
Book Rating : 4.4/5 (744 download)
Download or read book Language and Meaning in the Age of Modernism written by James McElvenny and published by Edinburgh University Press. This book was released on 2018-01-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the influential currents in the philosophy of language and linguistics of the first half of the twentieth century, from the perspective of the English scholar C. K. Ogden (1889 - 1957). It reveals links between early analytic philosophy, semiotics and linguistics in a crucial period of their respective histories.
Author : Ashk Dahlen
Publisher : Routledge
ISBN 13 : 1135943540
Total Pages : 477 pages
Book Rating : 4.1/5 (359 download)
Download or read book Islamic Law, Epistemology and Modernity written by Ashk Dahlen and published by Routledge. This book was released on 2004-03-01 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.
