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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.
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.
Author: Ron Shaham Publisher: BRILL ISBN: 9004369546 Category : Law Languages : en Pages : 201
Book Description
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: 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
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.
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.
Author: Stephen M. Feldman Publisher: Oxford University Press ISBN: 019802696X Category : Law Languages : en Pages : 288
Book Description
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: Peter Fitzpatrick Publisher: Routledge ISBN: 9780754626855 Category : Government, Resistance to Languages : en Pages : 0
Book Description
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: David Luban
Author: David Luban
Author: David Luban
Author: Ron Shaham
Author: Ravit Pe'er-Lamo Reichman
Author: Erik M. Bachman
Author: Lisa Siraganian
Author: Peter Fitzpatrick
Author: Stephen M. Feldman
Author: Peter Fitzpatrick
Author: Rex Ferguson