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Genealogies of Legal Vision

Genealogies of Legal Vision Author Peter Goodrich
ISBN-10 9781317683902
Release 2015-06-05
Pages 279
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It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control. Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.



Law and Enjoyment

Law and Enjoyment Author Daniel Hourigan
ISBN-10 9781317598404
Release 2015-06-05
Pages 167
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This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional practices – it takes up a range of case studies from film and literature in order to consider how law is iterated through enjoyment, and how enjoyment embodies law. Drawing on psychoanalytic theory, this book addresses issues such as the forced choice to enjoy the law, the biopolitics of tyranny, the enjoyment of law’s contingency, the trauma of the law’s symbolic codification of pleasure, and the futuristic vision of law’s transgression. In so doing, it forges an important case for acknowledging and analyzing the complex relationship between power and pleasure in law – one that will be of considerable interest to legal theorists, as well as those with interests in the intersection of psychoanalytic and cultural theory.



Exemplarity and Singularity

Exemplarity and Singularity Author Michele Lowrie
ISBN-10 9781317696407
Release 2015-04-17
Pages 212
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This book pursues a strand in the history of thought – ranging from codified statutes to looser social expectations – that uses particulars, more specifically examples, to produce norms. Much intellectual history takes ancient Greece as a point of departure. But the practice of exemplarity is historically rooted firmly in ancient Roman rhetoric, oratory, literature, and law – genres that also secured its transmission. Their pragmatic approach results in a conceptualization of politics, social organization, philosophy, and law that is derived from the concrete. It is commonly supposed that, with the shift from pre-modern to modern ways of thinking – as modern knowledge came to privilege abstraction over exempla, the general over the particular – exemplarity lost its way. This book reveals the limits of this understanding. Tracing the role of exemplarity from Rome through to its influence on the fields of literature, politics, philosophy, psychoanalysis and law, it shows how Roman exemplarity has subsisted, not only as a figure of thought, but also as an alternative way to organize and to transmit knowledge.



Legal Emblems and the Art of Law

Legal Emblems and the Art of Law Author Peter Goodrich
ISBN-10 9781107035997
Release 2013-10-07
Pages 281
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The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.



The Literary and Legal Genealogy of Native American Dispossession

The Literary and Legal Genealogy of Native American Dispossession Author George D Pappas
ISBN-10 9781317282099
Release 2017-07-14
Pages 250
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The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.



The Scene of the Mass Crime

The Scene of the Mass Crime Author Christian Delage
ISBN-10 9781136330667
Release 2013-05-07
Pages 248
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The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been crucial both as evidence of atrocity and as the means of publicizing the proceedings. But what does film bring to justice? Can law successfully address war crimes, atrocities, genocide? What do the trials actually show? What form of justice is done, and how does it relate to ordinary courts and proceedings? What lessons can be drawn from this history for the very topical political issue of filming civil and criminal trials? This book takes up the diversity and complexity of these idiosyncratic and, in strict terms, generally extra-legal medial situations. Drawing on a fascinating diversity of public trials and filmic responses, from the Trial of the Gang of Four to the Gacaca local courts of Rwanda to the filmic symbolism of 9-11, from Soviet era show trials to Nazi People's Courts leading international scholars address the theatrical, political, filmic and symbolic importance of show trials in making history, legitimating regimes and, most surprising of all, in attempting to heal trauma through law and through film. These essays will be of considerable interest to those working on international criminal law, transitional justice, genocide studies, and the relationship between law and film.



The Art of Law in Shakespeare

The Art of Law in Shakespeare Author Paul Raffield
ISBN-10 9781509905485
Release 2017-02-09
Pages 288
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Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).



What Should Legal Analysis Become

What Should Legal Analysis Become Author Roberto Mangabeira Unger
ISBN-10 1859841007
Release 1996
Pages 198
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Roberto Mangabeira Unger brings together his work in legal and social theory. He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.



Postmodern Philosophy and Law

Postmodern Philosophy and Law Author Douglas E. Litowitz
ISBN-10 UOM:39015040629415
Release 1997
Pages 230
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Now that contemporary scholars have begun to extend postmodern theory to law, an appraisal of its relevance in that sphere is especially important. This book offers a critical introduction to writings on law by key postmodern philosophers—Nietzsche, Foucault, Derrida, Lyotard, and Rorty—and articulates the strengths and weaknesses of postmodern legal theory. Douglas Litowitz takes a critical stance on these thinkers and determines that postmodern philosophy falls short of a positive jurisprudence—a vision of a just state and a moral legal system—because it takes an unduly external perspective on the law and espouses an unworkable anti-foundationalism. The postmodernist perspective, he argues, is too removed from our legal practices to resolve legal problems like abortion, flag burning, or pornography. Litowitz shows that postmodernism is so far removed from the language games in which lawyers and judges decide key legal issues that it leaves the internal practice of law untouched, and its radical rejection of foundations precludes a position from which a just legal system might be built. Still, postmodernism can make a significant contribution to legal theory by showing the limits of existing arrangements, focusing attention on genealogy and discourse, and empowering those who have been denied a voice under the legal system. Postmodern Philosophy and Law bridges the gap between Anglo-American jurisprudence and postmodern theory by discussing not only traditional approaches such as natural law theory and legal positivism but also continental philosophy and critical legal studies. It is the first book to expound and critique postmodern legal theory and its ramifications for a mainstream audience of legal scholars and philosophers.



Re reading Foucault

Re reading Foucault Author Ben Golder
ISBN-10 9780415673532
Release 2013
Pages 254
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Re-reading Foucault: On Law, Power and Rights is the first collection in English fully to address the relevance of Michel Foucault's thought for law. Foucault is the best known and most cited of the late twentieth-century's 'theory' academics. His work continues to animate a range of different critical work across intellectual disciplines in the arts, humanities and social sciences. There has, however, been relatively little examination of the legal implications and applications of Foucault's work. This book fills that gap, providing an in-depth analysis of Foucault's thought as it pertains to a range of different legal themes, such as: the opposition between 'law' and 'the juridical'; the problem of moral and legal judgment; the historical basis of rights; and the political dimensions (and limitations) of contemporary human rights discourse. Including contributions from acknowledged experts on Foucault's work, as well as pieces by younger scholars, Re-reading Foucault: On Law, Power and Rights will be of considerable interest across a range of disciplines, including law, philosophy, political theory, sociology, social theory and criminology.



Lacan and the subject of law

Lacan and the subject of law Author David Stanley Caudill
ISBN-10 039104009X
Release 1997
Pages 206
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Lacan and the subject of law has been writing in one form or another for most of life. You can find so many inspiration from Lacan and the subject of law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Lacan and the subject of law book for free.



Birth of the European Individual

Birth of the European Individual Author Samuli Hurri
ISBN-10 9781317938408
Release 2014-06-05
Pages 254
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This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.



Legal Orientalism

Legal Orientalism Author Teemu Ruskola
ISBN-10 9780674075788
Release 2013-06-01
Pages 338
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After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.



Looking for Love in the Legal Discourse of Marriage

Looking for Love in the Legal Discourse of Marriage Author Renata Grossi
ISBN-10 9781925021820
Release 2014-09-01
Pages 174
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This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.



Discipline Punish

Discipline   Punish Author Michel Foucault
ISBN-10 9780307819291
Release 2012-04-18
Pages 352
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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.



Indigenous Women s Writing and the Cultural Study of Law

Indigenous Women s Writing and the Cultural Study of Law Author Cheryl Suzack
ISBN-10 9781442628588
Release 2017
Pages 192
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Cover -- Copyright -- Contents -- Acknowledgments -- Introduction: Indigenous Women's Writing, Storytelling, and Law -- Chapter One: Gendering the Politics of Tribal Sovereignty: Santa Clara Pueblo v. Martinez (1978) and Ceremony (1977) -- Chapter Two: The Legal Silencing of Indigenous Women: Racine v. Woods (1983) and In Search of April Raintree (1983) -- Chapter Three: Colonial Governmentality and GenderViolence: State of Minnesota v. Zay Zah (1977) and The Antelope Wife (1998) -- Chapter Four: Land Claims, Identity Claims: Manypenny v. United States (1991) and Last Standing Woman (1997) -- Conclusion: For an Indigenous-Feminist Literary Criticism -- Notes -- Works Cited -- Index



India in the Shadows of Empire

India in the Shadows of Empire Author Mithi Mukherjee
ISBN-10 9780199088119
Release 2009-11-25
Pages
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This book explains the postcolonial Indian polity by presenting an alternative historical narrative of the British Empire in India and India's struggle for independence. It pursues this narrative along two major trajectories. On the one hand, it focuses on the role of imperial judicial institutions and practices in the making of both the British Empire and the anti-colonial movement under the Congress, with the lawyer as political leader. On the other hand, it offers a novel interpretation of Gandhi's non-violent resistance movement as being different from the Congress. It shows that the Gandhian movement, as the most powerful force largely responsible for India's independence, was anchored not in western discourses of political and legislative freedom but rather in Indic traditions of renunciative freedom, with the renouncer as leader. This volume offers a comprehensive and new reinterpretation of the Indian Constitution in the light of this historical narrative. The book contends that the British colonial idea of justice and the Gandhian ethos of resistance have been the two competing and conflicting driving forces that have determined the nature and evolution of the Indian polity after independence.