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Failures Of The Legal Imagination
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Book Synopsis Failures of the Legal Imagination by : Alan Watson
Download or read book Failures of the Legal Imagination written by Alan Watson and published by University of Pennsylvania Press. This book was released on 2016-12-09 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.
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 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 266 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 The Meaning of Property by : Jedediah Purdy
Download or read book The Meaning of Property written by Jedediah Purdy and published by Yale University Press. This book was released on 2010-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
Book Synopsis Law and the Utopian Imagination by : Austin Sarat
Download or read book Law and the Utopian Imagination written by Austin Sarat and published by Stanford University Press. This book was released on 2014-05-21 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet—who writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.
Book Synopsis Failed Revolutions by : Richard Delgado
Download or read book Failed Revolutions written by Richard Delgado and published by Routledge. This book was released on 2020-12-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the crucial discipline of the law, Failed Revolutions casts light on the many forces working against meaningful social change. It is a valuable reading for any citizen concerned with the possibility of social reform.
Download or read book Very Good Lives written by J. K. Rowling and published by Little, Brown. This book was released on 2015-04-14 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: J.K. Rowling, one of the world's most inspiring writers, shares her wisdom and advice. In 2008, J.K. Rowling delivered a deeply affecting commencement speech at Harvard University. Now published for the first time in book form, VERY GOOD LIVES presents J.K. Rowling's words of wisdom for anyone at a turning point in life. How can we embrace failure? And how can we use our imagination to better both ourselves and others? Drawing from stories of her own post-graduate years, the world famous author addresses some of life's most important questions with acuity and emotional force.
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 285 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.
Download or read book Dreaming in Books written by Andrew Piper and published by University of Chicago Press. This book was released on 2009-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining novels, critical editions, gift books, translations, and illustrated books, as well as the communities who made them, Dreaming in Books tells a wide-ranging story of the book's identity at the turn of the nineteenth century. In so doing, it shows how many of the most pressing modern communicative concerns are not unique to the digital age but emerged with a particular sense of urgency during the bookish upheavals of the romantic era. In revisiting the book's rise through the prism of romantic literature, Piper aims to revise our assumptions about romanticism, the medium of the printed book, and, ultimately, the future of the book in our so-called digital age."--Pub. desc.
Book Synopsis Failures of the Legal Imagination by : Alan Watson
Download or read book Failures of the Legal Imagination written by Alan Watson and published by . This book was released on 1988 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rebellion and Violence in Islamic Law by : Khaled Abou El Fadl
Download or read book Rebellion and Violence in Islamic Law written by Khaled Abou El Fadl and published by Cambridge University Press. This book was released on 2001-11-01 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.
Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone
Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press. This book was released on 2021-01-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.
Book Synopsis Criminality and the Common Law Imagination in the 18th and 19th Centuries by : Erin Sheley
Download or read book Criminality and the Common Law Imagination in the 18th and 19th Centuries written by Erin Sheley and published by Edinburgh University Press. This book was released on 2020-04-02 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers how the cultural narrative affected the development of the law itself in the 18th and 19th centuries in three case studies: adultery, child criminality and rape testimony.
Book Synopsis Challenges to Authority and the Recognition of Rights by : Catharine MacMillan
Download or read book Challenges to Authority and the Recognition of Rights written by Catharine MacMillan and published by Cambridge University Press. This book was released on 2018-08-16 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique volume demonstrating how law changes by reason of challenges to authority which seek the recognition of rights.
Book Synopsis The Evolution of Western Private Law by : Alan Watson
Download or read book The Evolution of Western Private Law written by Alan Watson and published by JHU Press. This book was released on 2001 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Evolution of Western Private Law, renowned legal scholar Alan Watson presents a comprehensive overview of legal change in the Western world. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots -- such as those of the Romans and of Germanic tribes -- come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law (1985), this expanded edition has been completely restructured with more than double the number of examples. The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight. -- Gerald J. Russello
Book Synopsis Adapting Legal Cultures by : David Nelken
Download or read book Adapting Legal Cultures written by David Nelken and published by Hart Publishing. This book was released on 2001-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the
Book Synopsis Global Legal History by : Joshua C. Tate
Download or read book Global Legal History written by Joshua C. Tate and published by Routledge. This book was released on 2018-12-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.
