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Literature And Legal Discourse
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Book Synopsis Literature and Legal Problem Solving by : Paul J. Heald
Download or read book Literature and Legal Problem Solving written by Paul J. Heald and published by . This book was released on 1998 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Equity and Mercy," she examines both classical and modern literature to shed light on the current confusing state of the law involving the disparate treatment of aggravating and mitigating factors in capital sentencing procedures.
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 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 235 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.
Book Synopsis Fiction and the Law by : Kieran Dolin
Download or read book Fiction and the Law written by Kieran Dolin and published by Cambridge University Press. This book was released on 1999-06-13 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationship between law and literature in canonical texts from Victorian and Modernist periods.
Book Synopsis Literature and Legal Discourse by : Dieter Paul Polloczek
Download or read book Literature and Legal Discourse written by Dieter Paul Polloczek and published by Cambridge University Press. This book was released on 1999-09-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between law and literature is a developing area in literary studies. Existing work has argued that literature provides an imaginary forum in which legal ideals and practices may be tested. In Literature and Legal Discourse: Equity and Ethics from Sterne to Conrad Dieter Polloczek develops this idea by comparing the notion of equity, or ethics, in fiction with its legal equivalent. He shows how the novel, with its increasing social scope and formal sophistication, provided a means of transmitting, questioning and refining society's traditions, values and modes of self-questioning. Polloczek analyses the links between actual legal fictions like substituted judgements, notions of equity, literary tropes and the construction and representation of social bonds through sentiment, philanthropy and marginalisation. Pollozcek's study is both theoretical and historical, covering a period that extends from the eighteenth century to the modernist period, and texts from Sterne, Dickens, Bentham and Conrad.
Book Synopsis Fiction and the Law by : Kieran Dolin
Download or read book Fiction and the Law written by Kieran Dolin and published by Cambridge University Press. This book was released on 1999-06-13 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and literature have been two of the most powerful discourses in the construction of social reality. The relationship between the two has emerged as a vital new area of study, as literature has influenced popular understanding of law. Utilizing legal and literary theory, Kieran Dolin examines the interplay between legal discourse and the novel in the century between Walter Scott and E. M. Forster. This comprehensive study draws on legal and literary theory to trace this important convergence of disciplines in a series of canonical Victorian and Modernist texts.
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 2020-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, Language and the Courtroom by : Stanislaw Gozdz Roszkowski
Download or read book Law, Language and the Courtroom written by Stanislaw Gozdz Roszkowski and published by Routledge. This book was released on 2021-11-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Book Synopsis Interpreting Law and Literature by : Sanford Levinson
Download or read book Interpreting Law and Literature written by Sanford Levinson and published by Northwestern University Press. This book was released on 1988 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Download or read book Legal Discourse written by Peter Goodrich and published by Springer. This book was released on 1990-02-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.
Book Synopsis Rhetoric and Evidence by : Peter Schneck
Download or read book Rhetoric and Evidence written by Peter Schneck and published by Walter de Gruyter. This book was released on 2011-10-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.
Book Synopsis Justice as Translation by : James Boyd White
Download or read book Justice as Translation written by James Boyd White and published by University of Chicago Press. This book was released on 1994-10-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Book Synopsis Legal Language by : Peter M. Tiersma
Download or read book Legal Language written by Peter M. Tiersma and published by University of Chicago Press. This book was released on 1999 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of legal language slices through the polysyllabic thicket of legalese. The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.
Book Synopsis Literature and Legal Discourse by : Dieter Paul Polloczek
Download or read book Literature and Legal Discourse written by Dieter Paul Polloczek and published by . This book was released on 1999 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent work has argued that literature provides an imaginary forum in which legal ideals and practices may be tested. Dieter Polloczek develops this idea in a theoretical and historical study, extending from the eighteenth century to the modernist period, and covering texts from Sterne, Dickens, Bentham and Conrad.
Download or read book Just Words written by John M. Conley and published by University of Chicago Press. This book was released on 2019-05-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-11-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic “burden” accompanying the legal “burden of proof” in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Download or read book Legal Literacy written by Archie Zariski and published by Athabasca University Press. This book was released on 2014-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.
