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Modernism and the Law

Modernism and the Law PDF Author: Robert Spoo
Publisher: Bloomsbury Publishing
ISBN: 1474275826
Category : Literary Criticism
Languages : en
Pages : 208

Book Description
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.

Legal Modernism

Legal Modernism PDF Author: David Luban
Publisher: University of Michigan Press
ISBN: 9780472084395
Category : Law
Languages : en
Pages : 424

Book Description
A critique and defense of modern legal theory

Modernism and the Law

Modernism and the Law PDF Author: Robert Spoo
Publisher: Bloomsbury Publishing
ISBN: 1474275826
Category : Literary Criticism
Languages : en
Pages : 208

Book Description
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.

The Affective Life of Law

The Affective Life of Law PDF Author: Ravit Pe'er-Lamo Reichman
Publisher: Stanford Law Books
ISBN:
Category : Law
Languages : en
Pages : 240

Book Description
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

Modernism and the Grounds of Law

Modernism and the Grounds of Law PDF Author: Peter Fitzpatrick
Publisher: Cambridge University Press
ISBN: 9780521002530
Category : Law
Languages : en
Pages : 276

Book Description
This book argues that law is both derived from and constitutive of surrounding cultural contexts.

Modernism and Copyright

Modernism and Copyright PDF Author: Paul K. Saint-Amour
Publisher: OUP USA
ISBN: 0199731535
Category : Language Arts & Disciplines
Languages : en
Pages : 400

Book Description
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.

Literary Obscenities

Literary Obscenities PDF Author: Erik M. Bachman
Publisher: Penn State Press
ISBN: 0271081694
Category : Literary Criticism
Languages : en
Pages : 209

Book Description
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.

Modernism and the Meaning of Corporate Persons

Modernism and the Meaning of Corporate Persons PDF Author: Lisa Siraganian
Publisher: Oxford University Press
ISBN: 0192639633
Category : Literary Criticism
Languages : en
Pages : 287

Book Description
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.

Violent Minds

Violent Minds PDF Author: Matthew Levay
Publisher: Cambridge University Press
ISBN: 110842886X
Category : Literary Criticism
Languages : en
Pages : 251

Book Description
Levay analyzes representations of the criminal in British and American modernism from the late nineteenth century to the 1950s.

Kangaroo Courts and the Rule of Law

Kangaroo Courts and the Rule of Law PDF Author: Desmond Manderson
Publisher: Routledge
ISBN: 1136340467
Category : Law
Languages : en
Pages : 226

Book Description
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.

Legal Modernism

Legal Modernism PDF Author: David Luban
Publisher: University of Michigan Press
ISBN: 0472024116
Category : Law
Languages : en
Pages : 424

Book Description
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.