Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law

Author: Steven D. Smith

Publisher: University of Notre Dame Pess

Published: 2021-09-15

Total Pages: 349

ISBN-13: 0268201196

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Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.


Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law

Author: Steven D. Smith

Publisher:

Published: 2021-09-15

Total Pages: 290

ISBN-13: 9780268201203

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Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life??cancel culture,? the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fiction, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, ?the loss of the groundwork of the world.? Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly?problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith?s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.


Originalism in Theology and Law

Originalism in Theology and Law

Author: Mark J. Boone

Publisher: Lexington Books

Published: 2024-01-26

Total Pages: 241

ISBN-13: 1666932132

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According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.


Law and Lies

Law and Lies

Author: Austin Sarat

Publisher: Cambridge University Press

Published: 2015-07-20

Total Pages: 345

ISBN-13: 1107108780

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This is the first book to thematically investigate lying in the American legal system.


A Principled Constitution?

A Principled Constitution?

Author: Steven D. Smith

Publisher: Rowman & Littlefield

Published: 2022-09-02

Total Pages: 123

ISBN-13: 1666911488

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Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do’s and don’ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.


Imaginative Resistance, Queer Fiction and the Law

Imaginative Resistance, Queer Fiction and the Law

Author: Aleardo Zanghellini

Publisher: Routledge

Published: 2021-08-04

Total Pages: 259

ISBN-13: 100042118X

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Imaginative Resistance, Queer Fiction and the Law develops a novel account of how heteronormative sociolegal orders undermine the well-being of same-sex attracted people, even when these normative orders may fall short of coercively interfering with their choices. Queer well-being is generally studied from psychological perspectives, through the concept of ‘minority stress.’ Taking four texts of mid-century Anglo-American queer fiction as illustrative case studies, this book argues – in a philosophical rather than a psychological register – that heteronormativity also affects queer well-being in more intangible ways. The central claim is that heteronormativity shackles the imagination: it curtails no less the imaginative reach of authors of queer fiction, than our ability – engaged as we are in projects of self-authorship – to make-believe personal futures in which same-sex intimacy is brought to bear on our well-being. The book’s central claim re-works a concept central to the philosophy of fiction – ‘imaginative resistance’ – and puts it into service of questions raised in moral philosophy. Apart from its political and normative implications – strengthening the case for at least some global gay rights – and from challenging some of queer theory’s orthodoxies, the book also makes contributions to queer literary history, criticism and biography. Drawing on archival material and personal interviews, fresh readings are offered of Charles Jackson’s The Fall of Valor (1946), Gillian Freeman’s The Leather Boys (1961), and Patricia Highsmith’s The Price of Salt (1952) and The Talented Mr Ripley (1955), making a case for their inclusion in the queer literary canon. Imaginative Resistance, Queer Fiction and the Law will appeal to students of literary criticism, queer sociolegal history, law & literature, the philosophy of fiction, and queer theory, politics and ethics.


Lies We Tell Ourselves

Lies We Tell Ourselves

Author: Robin Talley

Publisher: Harlequin

Published: 2016-01-26

Total Pages: 410

ISBN-13: 0373212046

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Includes questions for discussions and an excerpt from another novel.


Crime Fiction and the Law

Crime Fiction and the Law

Author: Maria Aristodemou

Publisher: Taylor & Francis

Published: 2016-12-08

Total Pages: 192

ISBN-13: 1317594541

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This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of topics, including: the relationship between crime fiction, legal reasoning and critique; questions surrounding the relationship between law and justice; gender issues; the legal, political and social impacts of fictional representations of crime and justice; post-colonial perspectives on crime fiction; as well as the impact of law itself on the crime fiction’s development. Introducing a new sub-field of legal and literary research, this book will be of enormous interest to scholars in critical, cultural and socio-legal studies, as well as to others in criminology, as well as in literature.


Eighteenth-Century Fiction and the Law of Property

Eighteenth-Century Fiction and the Law of Property

Author: Wolfram Schmidgen

Publisher: Cambridge University Press

Published: 2002-10-17

Total Pages: 276

ISBN-13: 1139434829

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In Eighteenth-Century Fiction and the Law of Property, Wolfram Schmidgen draws on legal and economic writings to analyse the description of houses, landscapes, and commodities in eighteenth-century fiction. His study argues that such descriptions are important to the British imagination of community. By making visible what it means to own something, they illuminate how competing concepts of property define the boundaries of the individual, of social community, and of political systems. In this way, Schmidgen recovers description as a major feature of eighteenth-century prose, and he makes his case across a wide range of authors, including Daniel Defoe, Henry Fielding, William Blackstone, Adam Smith, and Ann Radcliffe. The book's most incisive theoretical contribution lies in its careful insistence on the unity of the human and the material: in Schmidgen's argument, persons and things are inescapably entangled. This approach produces fresh insights into the relationship between law, literature, and economics.