Modernism And The Law

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Legal Modernism

Author : David Luban
Publisher : University of Michigan Press
ISBN 13 : 0472024116
Total Pages : 421 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Legal Modernism by : David Luban

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 421 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.

Modernism and the Grounds of Law

Author : Peter Fitzpatrick
Publisher : Cambridge University Press
ISBN 13 : 9780521002530
Total Pages : 276 pages
Book Rating : 4.0/5 (25 download)

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Book Synopsis Modernism and the Grounds of Law by : Peter Fitzpatrick

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.

Modernism and Copyright

Author : Paul K. Saint-Amour
Publisher : OUP USA
ISBN 13 : 0199731535
Total Pages : 400 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Modernism and Copyright by : Paul K. Saint-Amour

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.

Modernism and the Meaning of Corporate Persons

Author : Lisa Siraganian
Publisher : Oxford University Press
ISBN 13 : 0192639633
Total Pages : 287 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Modernism and the Meaning of Corporate Persons by : Lisa Siraganian

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.

Kangaroo Courts and the Rule of Law

Author : Desmond Manderson
Publisher : Routledge
ISBN 13 : 1136340467
Total Pages : 226 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Kangaroo Courts and the Rule of Law by : Desmond Manderson

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.

Law as Resistance

Author : Peter Fitzpatrick
Publisher : Routledge
ISBN 13 : 9780754626855
Total Pages : 0 pages
Book Rating : 4.6/5 (268 download)

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Book Synopsis Law as Resistance by : Peter Fitzpatrick

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.

Violent Minds

Author : Matthew Levay
Publisher : Cambridge University Press
ISBN 13 : 110842886X
Total Pages : 251 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Violent Minds by : Matthew Levay

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.

Law after Modernity

Author : Sionaidh Douglas-Scott
Publisher : A&C Black
ISBN 13 : 1782251200
Total Pages : 648 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law after Modernity by : Sionaidh Douglas-Scott

Download or read book Law after Modernity written by Sionaidh Douglas-Scott and published by A&C Black. This book was released on 2014-07-18 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

Literary Obscenities

Author : Erik M. Bachman
Publisher : Refiguring Modernism
ISBN 13 : 9780271080062
Total Pages : 0 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Literary Obscenities by : Erik M. Bachman

Download or read book Literary Obscenities written by Erik M. Bachman and published by Refiguring Modernism. This book was released on 2019-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines U.S. obscenity trials in the early twentieth century and how they framed a wide-ranging debate about the printed word's power to deprave, offend, and shape behavior.

Language and Meaning in the Age of Modernism

Author : James McElvenny
Publisher : Edinburgh University Press
ISBN 13 : 1474425046
Total Pages : 200 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Language and Meaning in the Age of Modernism by : James McElvenny

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.

Without Copyrights

Author : Robert Spoo
Publisher : Oxford University Press
ISBN 13 : 0190469161
Total Pages : 374 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Without Copyrights by : Robert Spoo

Download or read book Without Copyrights written by Robert Spoo and published by Oxford University Press. This book was released on 2016 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Tells the story of how the clashes between authors, publishers, and literary "pirates" influenced both American copyright law and literature itself."--Dust jacket flap

Modernism and the Law

Author : Robert Spoo
Publisher : Bloomsbury Publishing
ISBN 13 : 1474275826
Total Pages : 209 pages
Book Rating : 4.4/5 (742 download)

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Book Synopsis Modernism and the Law by : Robert Spoo

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 209 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.

Common Law, History, and Democracy in America, 1790-1900

Author : Kunal M. Parker
Publisher : Cambridge University Press
ISBN 13 : 9780521519953
Total Pages : 318 pages
Book Rating : 4.5/5 (199 download)

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Book Synopsis Common Law, History, and Democracy in America, 1790-1900 by : Kunal M. Parker

Download or read book Common Law, History, and Democracy in America, 1790-1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

Modernism and Close Reading

Author : David James
Publisher :
ISBN 13 : 0198749961
Total Pages : 259 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Modernism and Close Reading by : David James

Download or read book Modernism and Close Reading written by David James and published by . This book was released on 2020 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers new methodological and interpretive avenues for reconceptualising modernism's longstanding relationship to close reading.

Democracy, Law and the Modernist Avant-Gardes

Author : Sascha Bru
Publisher : Edinburgh University Press
ISBN 13 : 0748641769
Total Pages : 264 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Democracy, Law and the Modernist Avant-Gardes by : Sascha Bru

Download or read book Democracy, Law and the Modernist Avant-Gardes written by Sascha Bru and published by Edinburgh University Press. This book was released on 2009-10-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to look at the ties between European modernism and democracy in a cross-cultural manner. Focusing on the continental avant-gardes of the nineteen-tens and twenties, Sascha Bru's original and provocative book fundamentally revises our understanding of modernism's cultural and political history. Bru brings together a wide range of European experimental writers and provides detailed analyses of Italian futurist F.T. Marinetti, German Dadaist Richard Huelsenbeck and Belgian expressionist Paul van Ostaijen. Bru locates these writers within their exceptional democratic context and demonstrates how the modernist avant-garde, during the First World War and the upheavals that followed, found itself caught up in a series of 'states of exception'. In such states legal democratic institutions were bracketed and set aside, and 'literature' as an autonomous realm was temporarily suspended. Faced with extreme forms of politicisation, avant-gardists throughout Europe tried to safeguard literature's autonomy in a variety of ways. These included turning politics and law into genuinely artistic materials and producing a repertoire of alternatives to existent frameworks of democracy.Against assertions that anti-art avant-garde gestures were meant to overcome art's autonomy and approximate the condition of politics, Bru shows that European avant-gardists may well have been one of the staunchest defenders of art's sovereignty in modern times.Key Features* Facilitates dialogue between Anglo-American and European modernist studies* Presents new interpretations of Berlin Dada, futurism and expressionism, and brings an innovative historical framework with which to analyse continental modernism* Provides an original perspective on modernist writing and theory during the first decades of the foregoing century* Offers, in the introductory chapter, a survey of ways in which to relate experimental writing to politics

Modernism: A Very Short Introduction

Author : Christopher Butler
Publisher : Oxford University Press
ISBN 13 : 0192804413
Total Pages : 137 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Modernism: A Very Short Introduction by : Christopher Butler

Download or read book Modernism: A Very Short Introduction written by Christopher Butler and published by Oxford University Press. This book was released on 2010-07-29 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compact introduction to modernism--why it began, what it is, and how it hasshaped virtually all aspects of 20th and 21st century life

Modernism, Theory, and Responsible Reading

Author : Stephen Ross
Publisher : Bloomsbury Publishing
ISBN 13 : 1350185825
Total Pages : 256 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Modernism, Theory, and Responsible Reading by : Stephen Ross

Download or read book Modernism, Theory, and Responsible Reading written by Stephen Ross and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing readers to a new theory of 'responsible reading', this book presents a range of perspectives on the contemporary relationship between modernism and theory. Emerging from a collaborative process of comment and response, it promotes conversation among disparate views under a shared commitment to responsible reading practices. An international range of contributors question the interplay between modernism and theory today and provide new ways of understanding the relationship between the two, and the links to emerging concerns such as the Anthropocene, decolonization, the post-human, and eco-theory. Promoting responsible reading as a practice that reads generously and engages constructively, even where disagreement is inevitable, this book articulates a mode of ethical reading that is fundamental to ongoing debates about strength and weakness, paranoia and reparation, and critique and affect.