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Reading Law As Narrative


Reading Law As Narrative
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Reading Law As Narrative


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



Law S Stories


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.



Reading Law


Reading Law
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Author : James W. Watts
language : en
Publisher: A&C Black
Release Date : 1999-06-01

Reading Law written by James W. Watts and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-06-01 with Religion categories.


Watts here argues that conventions of oral rhetoric were adapted to shape the literary form and contents of the Pentateuch. The large-scale structure-stories introducing lists of laws that conclude with divine sanctions-reproduces a common ancient strategy for persuasion. The laws' use of direct address, historical motivations and frequent repetitions serve rhetorical ends, and even the legal contradictions seem designed to appeal to competing constituencies. The instructional speeches of God and Moses reinforce the persuasive appeal by characterizing God as a just ruler and Moses as a faithful scribe. The Pentateuch was designed to persuade Persian-period Judaeans that this Torah should define their identity as Israel.



Reading Personal Legal Narrative


Reading Personal Legal Narrative
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Author : Elizabeth A. Myrick
language : en
Publisher:
Release Date : 1996

Reading Personal Legal Narrative written by Elizabeth A. Myrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.




Law Narrative And Reality


Law Narrative And Reality
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Author : G.C. van Roermund
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09

Law Narrative And Reality written by G.C. van Roermund and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Law categories.


This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.



Implied Law In The Abraham Narrative


Implied Law In The Abraham Narrative
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Author : James K. Bruckner
language : en
Publisher: A&C Black
Release Date : 2002-01-01

Implied Law In The Abraham Narrative written by James K. Bruckner and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Religion categories.


A study of the significance of implied law in the Abraham narrative. Bruckner examines legal and juridical terminology in the text, with a close reading of legal referents in Genesis 18.16-20.18. He demonstrates that the literary and theological context of implied law in the narrative is creational, since the implied cosmology is based in Creator-created relationships, and the narrative referents are prior to the Sinai covenant. The narrative's canonical position is an ipso jure argument for the operation of law from the beginning of the ancestral community. The study suggests trajectories for further research in reading law within narrative texts, pentateuchal studies, and Old Testament ethics.



Reading Ricoeur Through Law


Reading Ricoeur Through Law
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Author : Marc de Leeuw
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-01-25

Reading Ricoeur Through Law written by Marc de Leeuw and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-25 with Philosophy categories.


Reading Ricoeur through Law, edited by Marc de Leeuw, George H. Taylor, and Eileen Brennan, is the first collection of essays solely focused on Ricoeur’s thinking about law, bringing together both established and emerging scholars to offer a systematic and critical examination of Ricoeur’s legal thinking. The chapters not only explore the specific contribution Ricoeur makes to the field of jurisprudence but also examine how Ricoeur’s work on law fits, complements, or changes his overall anthropology, phenomenology, and hermeneutics. The book provides a complex insight into how law, ethics, and politics intertwine both from within law as normative rule setting, as well as through the wider social-political and historical context in which law and legal institutions affect our inter-subjective and communal life as lived “with and for others in just institutions.” The collection also makes available in English “The Just between the Legal and the Good,” a key text in Ricoeur’s reflections about law and justice. The core topics of this collection are rights, justice, responsibility, judging, interpretation, argumentation, punishment, and authority, but contributors also offer original insights in how Ricoeur’s philosophical reconceptualization of symbolism, action, ideology, narrative, selfhood, testimony, history, trauma, reconciliation, justice, and forgiveness can be made productive for our understanding of law and legal institutions.



Reading For The Law


Reading For The Law
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Author : Christine L. Krueger
language : en
Publisher: University of Virginia Press
Release Date : 2010-04-15

Reading For The Law written by Christine L. Krueger and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-15 with Literary Criticism categories.


Taking her title from the British term for legal study, "to read for the law," Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, Reading for the Law demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence." Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists’ aspirations for meaningful social transformation in modern, multicultural democracies.



Minding The Law


Minding The Law
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Author : Anthony G. AMSTERDAM
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30

Minding The Law written by Anthony G. AMSTERDAM and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.


In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School



Reading The Law


Reading The Law
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Author : J. G. McConville
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2007-11-15

Reading The Law written by J. G. McConville and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-15 with Religion categories.


The book is a Festschrift for Prof. Gordon Wenham. Its chosen theme is intended to reflect his central interests in his long career of writing on the Old Testament, in which he has exemplified the highest standards of scholarship, but also written for practitioners of biblical interpretation. The topic of 'reading the law' has three aspects which will be treated by the various contributions, namely: 1. Reading the Pentateuch: Pentateuchal criticism, narrative readings, rhetorical-critical readings; 2. Reading the Law: the law codes in historical and/or literary context, anthropological readings, the law in relation to prophets, wisdom, worship; 3. Reading the Bible ethically: e.g. ethics of marriage, war. Contributors Prof. John Barton (Oxford University) Prof. Hugh Williamson (Oxford University) Prof. Ronald Clements (London University) Prof. Robert Gordon (Cambridge University) Prof. John Rogerson (Sheffield University) Prof. Raymond Westbrook (Johns Hopkins University) Prof. Alan Millard (Liverpool University) Dr. Walter Moberly (Durham University) Prof. Richard Hess (Denver Seminary) Prof. Nobuyoshi Kiuchi (Tokyo Christian University) Prof. Craig Bartholomew (Redeemer University College) Dr. Desmond Alexander (Queen's University, Belfast) Dr. Thomas Renz (Oak Hill College) Dr. Robin Parry (Paternoster Press) Dr. Pekka PitkSnen (University of Gloucestershire) Dr. Paul Barker (Holy Trinity Church, Doncaster, Victoria)