Fictional Discourse And The Law
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Fictional Discourse And The Law
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Author : Hans J. Lind
language : en
Publisher: Routledge
Release Date : 2020-04-14
Fictional Discourse And The Law written by Hans J. Lind and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-14 with Law categories.
Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.
Fiction And The Languages Of Law
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Author : Karen Petroski
language : en
Publisher: Routledge
Release Date : 2018-10-10
Fiction And The Languages Of Law written by Karen Petroski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-10 with Language Arts & Disciplines categories.
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
Legal Fictions In Theory And Practice
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Author : Maksymilian Del Mar
language : en
Publisher: Springer
Release Date : 2015-03-11
Legal Fictions In Theory And Practice written by Maksymilian Del Mar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-11 with Law categories.
This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.
Novel Judgements
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Author : William P. MacNeil
language : en
Publisher: Routledge
Release Date : 2011-09-08
Novel Judgements written by William P. MacNeil and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-08 with Fiction categories.
Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.
Constitutional Law As Fiction
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Author : L. H. LaRue
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Constitutional Law As Fiction written by L. H. LaRue and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.
Novel Judgments
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Author : William P. MacNeil
language : en
Publisher:
Release Date : 2012
Novel Judgments written by William P. MacNeil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with American fiction / 19th century / History and criticism categories.
Sententiousness And The Novel
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Author : Geoffrey Bennington
language : en
Publisher: Cambridge University Press
Release Date : 1985-12-12
Sententiousness And The Novel written by Geoffrey Bennington and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-12-12 with Literary Criticism categories.
This challenging study of the eighteenth-century French novel engages with recent post-structuralist thought to present a more theoretical than historical approach to the genre. Dr Bennington's focus of interest is sententiousness - maxims, aphorisms, generalising truth-claims of all sorts - in texts of narrative fiction. He exposes the inadequacy of both traditional and more modem analyses which have attempted to separate sententious elements from fictional contexts thereby underestimating the function of sententiousness to lay down the law, in both descriptive and prescriptive senses of the term. The author's approach to his chosen texts is pragmatic rather than formal, reading the eighteenth-century novel of worldliness in the light of the discourse of pedagogy, and exploring the relationship of the fictional and political in the work of Rousseau and Sade. The upshot of this investigation demonstrates both how the law is laid down in fiction and how fiction undermines the law which attempts to control it.
Fictions Of Law
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Author : Beth Swan
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 1997
Fictions Of Law written by Beth Swan and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Avocats dans la littérature categories.
This study explores eighteenth-century fictional narrative in terms of its treatment of law, revealing a tradition of narrative discourse as legal critique which spans the century. In addition to discussions of Defoe, Swift, Richardson, Fielding and Sterne, the study addresses female novelists such as Eliza Haywood, Frances Sheridan, Ann Radcliffe, Mary Wollstonecraft and Elizabeth Inchbald, arguing for a re-evaluation of their work. The survey of eighteenth-century law which has been made to provide a context for reading novels, falls into four areas: marital law, financial and inheritance law, the legal context for the concept of 'virtue', and criminal law. The study reveals that fictional predicaments that have been taken as romantic or melodramatic, are often grounded in the precise, actual practices of eighteenth-century law.
Rhetoric And Evidence
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Author : Peter Schneck
language : en
Publisher: Walter de Gruyter
Release Date : 2011-10-27
Rhetoric And Evidence written by Peter Schneck and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-27 with Literary Criticism categories.
The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.
Fictional Discourse
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Author : Stefano Predelli
language : en
Publisher: Oxford University Press
Release Date : 2020-01-30
Fictional Discourse written by Stefano Predelli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-30 with Philosophy categories.
Fictional Discourse: A Radical Fictionalist Semantics combines the insight of linguistic and philosophical semantics with the study of fictional language. Its central idea is familiar to anyone exposed to the ways of narrative fiction, namely the notion of a fictional teller. Starting with premises having to do with fictional names such as 'Holmes' or 'Emma', Stefano Predelli develops Radical Fictionalism, a theory that is subsequently applied to central themes in the analysis of fiction. Among other things, he discusses the distinction between storyworlds and narrative peripheries, the relationships between homodiegetic and heterodiegetic narrative, narrative time, unreliability, and closure. The final chapters extend Radical Fictionalism to critical discourse, as Predelli introduces the ideas of critical and biased retelling, and pauses on the relationships between Radical Fictionalism and talk about literary characters.