Narrating The Law
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Narrating The Law
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Author : Barry Wimpfheimer
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-07-19
Narrating The Law written by Barry Wimpfheimer and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-19 with Biography & Autobiography categories.
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Law S Stories
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Author : Peter Brooks
language : en
Publisher: Yale University Press
Release Date : 1996-01-01
Law S Stories written by Peter Brooks and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.
Narrating Law And Laws Of Narration In Medieval Scandinavia
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Author : Roland Scheel
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2020-01-20
Narrating Law And Laws Of Narration In Medieval Scandinavia written by Roland Scheel and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-20 with History categories.
Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.
Reading Law As Narrative
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Author : Assnat Bartor
language : en
Publisher: Society of Biblical Lit
Release Date : 2010
Reading Law As Narrative written by Assnat Bartor and has been published by Society of Biblical Lit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Language Arts & Disciplines categories.
Casuistic or case law in the Pentateuch deals with real human affairs; each case law entails a compressed story that can encourage reader engagement with seemingly "dry" legal text. This book is the first to present an interpretive method integrating biblical law, jurisprudence, and literary theory, reflecting the current "law and literature" school within legal studies. It identifies the narrative elements that exist in the laws of the Pentateuch, exposes the narrative techniques employed by the authors, and discovers the poetics of biblical law, thus revealing new or previously unconsidered aspects of the relationship between law and narrative in the Bible
Narrative And The Legal Discourse
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Author : David Ray Papke
language : en
Publisher:
Release Date : 1991
Narrative And The Legal Discourse written by David Ray Papke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Culture and law categories.
A collection of leading articles relating to the narrative aspects of legal discourse. Supplemented by introductory comments, questions for discussion, suggestions for further reading and indices, this volume explores storytelling in legal education, legal practice and various legal forms, most notably the appellate opinion. A concluding section addresses the articulation of alternative legal narratives by lawbreakers, women, African-Americans and political radicals.
Stories Of The Law
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Author : Moshe Simon-Shoshan
language : en
Publisher: OUP USA
Release Date : 2012-03-30
Stories Of The Law written by Moshe Simon-Shoshan and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-30 with Law categories.
Simon-Shoshan examines the neglected genre of rabbinic legal stories, arguing that this genre is crucial to understanding both rabbinic jurisprudence and rabbinic story-telling and challenging traditional distinctions between law and literature.
Narrating Law And Laws Of Narration In Medieval Scandinavia
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Author : Roland Scheel
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2020-01-20
Narrating Law And Laws Of Narration In Medieval Scandinavia written by Roland Scheel and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-20 with History categories.
Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.
Narrative And The Natural Law
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Author : Pamela M. Hall
language : en
Publisher:
Release Date : 1998
Narrative And The Natural Law written by Pamela M. Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Natural law categories.
Narratives In The Criminal Process
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Author : Frode Helmich Pedersen
language : de
Publisher:
Release Date : 2021-06
Narratives In The Criminal Process written by Frode Helmich Pedersen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06 with Law categories.
The role of narratives in legal contexts has been explored in multidisciplinary research for several decades. A common claim in this research is that the understanding of narratives is crucial to the understanding of any legal process, especially to most representations of the facts in a criminal case. It seems justified to say that law's cultural foundations and presuppositions are always in some way or another manifested in its narratives and acts of narration. The research conducted within the field of law and narrative helps to expand our knowledge of the multiple ways in which legal thinking and decision-making rely on narrative, in both senses of the term. It also enhances our understanding of how narratives are put to use as rhetorical tools, both in the courtroom and in the court's written judgments. The contributions to this volume present the field of law and narrative as it exists today and expand the area of inquest into fields like text linguistics, speech act theories, ordinary language theory, public international law, artificial intelligence and various media transformations of law stories.
Law And Narrative In The Bible
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Author : Calum M. Carmichael
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2008-09-01
Law And Narrative In The Bible written by Calum M. Carmichael and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-01 with Religion categories.
Calum M. Carmichael here challenges commonly accepted views respecting the derivation of the biblical laws recorded in Deuteronomy and the Decalogue, presenting compelling evidence that literary traditions, rather than social imperatives, dictated the form taken by the laws. Carmichael confronts and discusses such problematic and important issues as the sequence in which apparently unrelated laws appear. Why, he then asks, are some laws general in scope, while others are extremely specific? Acknowledging the literary sophistication of the biblical compilers, Carmichael accounts for their attribution of the Deuteronomic laws to Moses, and of the Decalogue to Yahweh. He asserts that, in order to preserve the prophetic impact of their material, the compilers closely studied existing biblical narrative, and selected laws which maintained the appropriate historical context. Using this perspective, Carmichael is able to detect strong logical continuity in both the structure and the content of the Decalogue and the Deuteronomic laws. An original and distinguished contribution to the study of biblical law, Law and Narrative in the Bible will interest legal historians and Biblical scholars alike.