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Author: Norman F. Cantor
Publisher: Harpercollins
Published: 1999-01-01
Total Pages: 416
ISBN-13: 9780060929534
DOWNLOAD EBOOKNational Book Critics Circle Award finalist Norman Cantor provides an accessible and thoroughly researched look at how our current legal system, from the jury trial to the rule of law, was created--from its beginnings in Roman law and its evolution in response to the needs of English society and culture from 1000 to 1780. Index.
Author: Richard Mullender
Publisher: Routledge
Published: 2020-05-12
Total Pages: 257
ISBN-13: 1000066835
DOWNLOAD EBOOKThis collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Author: James Boyd White
Publisher: University of Chicago Press
Published: 1985-12-15
Total Pages: 328
ISBN-13: 0226894932
DOWNLOAD EBOOKWhite extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
Author: Lionel Smith
Publisher: Cambridge University Press
Published: 2012-03
Total Pages: 293
ISBN-13: 1107011329
DOWNLOAD EBOOKThis collection of essays by experts in the field explores the place of the trust in the modern civil law.
Author: Austin Sarat
Publisher: Stanford University Press
Published: 2012-03-14
Total Pages: 223
ISBN-13: 0804781575
DOWNLOAD EBOOKImagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author: Peter Goodrich
Publisher: Routledge
Published: 2021-06-28
Total Pages: 179
ISBN-13: 1000396908
DOWNLOAD EBOOKReturning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Progressive legal and political thinking has for long lacked a positive, let alone a bold imaginary project, an account of what improved institutions and an ameliorated environment would look like. And where better to start than with the non-laws or imaginary legislations of a realm yet to come. The Cabinet of Imaginary Laws is a collection of fictive contributions to the theme of conceiving imaginary laws in the vivid vein of jurisliterary invention. Disparate in style and diverse in genres of writing and performative expression, the celebrated and unknown, venerable and youthful authors write new laws. Thirty-five dissolute scholars, impecunious authors and dyspeptic artists from a variety of fields including law, film, science, history, philosophy, political science, aesthetics, architecture and the classics become, for a brief and inspiring instance, legislators of impossible norms. The collection provides an extra-ordinary range of inspired imaginings of other laws. This momentary community of radial thought conceives of a wild variety of novel critical perspectives. The contributions aim to inspire reflection on the role of imagination in the study and writing of law. Verse, collage, artworks, short stories, harangues, lists, and other pleas, reports and pronouncements revivify the sense of law as the vehicle of poetic justice and as an art that instructs and constructs life. Aimed at an intellectual audience disgruntled with the negativity of critique and the narrowness of the disciplines, this book will appeal especially to theorists, lawyers, scholars and a general public concerned with the future of decaying laws and an increasingly derelict legal system.
Author: Dale Stephens
Publisher: University of Adelaide Press
Published: 2016-10-24
Total Pages: 334
ISBN-13: 192526131X
DOWNLOAD EBOOKBy any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
Author: Chenxi Tang
Publisher: Cornell University Press
Published: 2018-12-15
Total Pages: 490
ISBN-13: 1501716921
DOWNLOAD EBOOKIn early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts—some highly canonical (Camões, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering—engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period—its so-called classical age—in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.
Author: Norman F. Cantor
Publisher:
Published: 1997
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOKAt a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.
Author: Jennifer Wood
Publisher: Routledge
Published: 2013-01-11
Total Pages: 194
ISBN-13: 1134016387
DOWNLOAD EBOOKThis book is concerned with the ways in which the problem of security is thought about and promoted by a range of actors and agencies in the public, private and nongovernmental sectors. The authors are concerned not simply with the influence of risk-based thinking in the area of security, but seek rather to map the mentalities and practices of security found in a variety of sectors, and to understand the ways in which thinking from these sectors influence one another. Their particular concern is to understand the drivers of innovation in the governance of security, the conditions that make innovation possible and the ways in which innovation is imagined and realised by actors from a wide range of sectors. The book has two key themes: first, governance is now no longer simply shaped by thinking within the state sphere, for thinking originating within the business and community spheres now also shapes governance, and influence one another. Secondly, these developments have implications for the future of democratic values as assumptions about the traditional role of government are increasingly challenged. The first five chapters of the book explore what has happened to the governance of security, through an analysis of the drivers, conditions and processes of innovation in the context of particular empirical developments. Particular reference is made here to 'waves of change' in security within the Ontario Provincial Police in Canada. In the final chapter the authors examine the implications of 'nodal governance' for democratic values, and then suggest normative directions for deepening democracy in these new circumstances.
