Law's Interior

Law's Interior

Author: Kevin Crotty

Publisher: Cornell University Press

Published: 2018-10-18

Total Pages: 244

ISBN-13: 150172360X

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In Law's Interior, Kevin M. Crotty draws on several important literary works to offer a new model of the relationship between citizens and their laws, one that emphasizes the power of law to shape citizens and to foster—or discourage—their autonomy. Crotty maintains that citizens are "inside" the law—they are the law's interior. Literature, he finds, can be relevant to law by emphasizing the connections between law and the world around it—a stance that corrects the tendency of legal theory to treat law as a separate, autonomous entity.The texts Crotty examines—Aeschylus' Oresteia, St. Augustine's Confessions, and the poetry of Wallace Stevens—question the rationalist optimism that Crotty regards as distorting much recent theorizing about law. Further, he asserts that the inability of courts to state clearly the principles animating their decisions demonstrates the stranglehold the positivist model has on us and our legal imaginations.Crotty sketches a model of the relation between citizens and laws that supplements the more familiar idea of law as something deliberated and enacted by rational, inherently autonomous citizens. The most important legal decisions of the past fifty years, Crotty says, rest on the perception that the state, far from merely respecting the "innate" autonomy of its citizens, actively shapes that autonomy. Law's Interior should contribute to a better understanding of the real principles underlying some landmark decisions by the Supreme Court.


Interiors and Interiority

Interiors and Interiority

Author: Ewa Lajer-Burcharth

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2015-11-13

Total Pages: 500

ISBN-13: 3110340453

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Veranschaulichungsformen von Innerlichkeit finden in der Moderne in Darstellungen des Interieurs ihr prägnantes Bild. Die Beiträger der Publikation untersuchen die Verbindungen zwischen architektonischen Innenräumen, visuellen und literarischen Darstellungen von Interieurs und dem Konzept der Innerlichkeit vom 18. Jahrhundert bis heute. Jene Darstellungen sind Effekt, aber auch Produzenten spezifischer Vorstellungen von Innerlichkeit als einer, wenn nicht der subjektkonstituierenden Praxis der Moderne.


Interiority and Covenant

Interiority and Covenant

Author: Edward Malatesta

Publisher: St. Martin's Press

Published: 1978

Total Pages: 426

ISBN-13:

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The first letter of John can rightly be called the Canticle of Canticles of the New Testament. Because of the power of its message which Augustine saw as a prolonged meditation on the love proper to God and to the Christian community, and the exquisite beauty of its form which invites and yet transcends analysis, the Letter has merited the privileged attention accorded to it by centuries of study, contemplation and liturgical celebration. In our own day the Letter is no less scrutinized, meditated and proclaimed. Indeed, the religious sensibility of our times reveals itself as particularly attuned to the Johannine articulation of Christian experience which is characterized by an emphasis upon interiorly, personal relationships, and discernment. The Letter begins not with the normal form of epistolary address, but rather with a solemn and moving Prologue which sets the tone for all that follows. The author situates himself among the privileged witnesses of Christ: That which was from the beginning, which we have heard, which are have seen with our eyes, which we have beheld and our hands have felt, concerning the word of life (1,1). His message is about eternal life, that fullness of knowledge and love which belong to God alone, and which the Father willed to share with us by sending His Son Jesus Christ.


Law, Violence, and the Possibility of Justice

Law, Violence, and the Possibility of Justice

Author: Austin Sarat

Publisher: Princeton University Press

Published: 2001-12-09

Total Pages: 202

ISBN-13: 9780691048451

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In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored.


New Rhetorics for Contemporary Legal Discourse

New Rhetorics for Contemporary Legal Discourse

Author: Angela Condello

Publisher: Edinburgh University Press

Published: 2020-03-18

Total Pages: 184

ISBN-13: 147445058X

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Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.


From Truth and truth

From Truth and truth

Author: Francis Etheredge

Publisher: Cambridge Scholars Publishing

Published: 2016-01-14

Total Pages: 290

ISBN-13: 1443887498

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We begin philosophising (cf. Fides et Ratio, 3, 30) without realising that we are philosophers; but, in time, we discover our own identity as philosophers and, at the same time, come to critically examine it. What, therefore, is the interrelationship between reason and sense; indeed, is not “sense”, subtly sensitive through reason? Questions, then, arise out of our life, our observations and from what we learn. But it is not only about being ready, well-trained or perfect in our reasoning; rather, it is about taking up the impulse and the task of seeking the truth. On the one hand, then, we can question everything and end up with nothing; but, on the other hand, there are many points of departure: experience; maxims; and the wisdom which comes through “many advisers” (Prov 15: 22).Ideas abound about what might be the case; but a philosophical investigation is also about coming into the presence of “being”. Many people have gone before and go with us, and will come after us; and, therefore, this book marks a contribution to understanding both the “activity” of philosophising and the conversation about what “is” (cf. Fides et Ratio, 44). We discover that to exist is to search through the apparent contradictions in our experience and to find, eventually, that there are both good foundations and buildings begun, and also great unanswered or unsatisfactorily answered questions. There is an ongoing work, too, to establish the mystery of the person “implicated” in human action. Therefore, there is both the inveterate call of the subject to be investigated, and, at the same time, the ever-present need of the grace of perseverance to pursue it.This book is also about the slow discovery of the beautiful but inadequate nature of natural truth. The wonder of natural truth is that it exists like the literal sense: a kind of foundational reasoning; however, just as Revelation perfects natural truth, so the human person is a living expression of the “whole” literal and spiritual sense of created being. Hence the title of this volume, Faithful Reason, makes explicit a “witness” to what is beyond itself.


Interior States

Interior States

Author: Christopher Castiglia

Publisher: Duke University Press

Published: 2008-11-11

Total Pages: 380

ISBN-13: 082238924X

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In Interior States Christopher Castiglia focuses on U.S. citizens’ democratic impulse: their ability to work with others to imagine genuinely democratic publics while taking divergent views into account. Castiglia contends that citizens of the early United States were encouraged to locate this social impulse not in associations with others but in the turbulent and conflicted interiors of their own bodies. He describes how the human interior—with its battles between appetite and restraint, desire and deferral—became a displacement of the divided sociality of nineteenth-century America’s public sphere and contributed to the vanishing of that sphere in the twentieth century and the twenty-first. Drawing insightful connections between political structures, social relations, and cultural forms, he explains that as the interior came to reflect the ideological conflicts of the social world, citizens were encouraged to (mis)understand vigilant self-scrutiny and self-management as effective democratic action. In the late eighteenth century and early nineteenth, as discourses of interiority gained prominence, so did powerful counter-narratives. Castiglia reveals the flamboyant pages of antebellum popular fiction to be an archive of unruly democratic aspirations. Through close readings of works by Maria Monk and George Lippard, Walt Whitman and Timothy Shay Arthur, Hannah Webster Foster and Hannah Crafts, and Nathaniel Hawthorne and Herman Melville, Castiglia highlights a refusal to be reformed or self-contained. In antebellum authors’ representations of nervousness, desire, appetite, fantasy, and imagination, he finds democratic strivings that refused to disappear. Taking inspiration from those writers and turning to the present, Castiglia advocates a humanism-without-humans that, denied the adjudicative power of interiority, promises to release democracy from its inner life and to return it to the public sphere where U.S. citizens may yet create unprecedented possibilities for social action.


Reason, Morality, and Law

Reason, Morality, and Law

Author: John Keown

Publisher:

Published: 2013-03-21

Total Pages: 628

ISBN-13: 0199675503

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John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.


Cultural Legal Studies

Cultural Legal Studies

Author: Cassandra Sharp

Publisher: Routledge

Published: 2015-07-24

Total Pages: 323

ISBN-13: 1317626265

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What can law’s popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory. Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.


Criminal Legal Doctrine

Criminal Legal Doctrine

Author: Peter Rush

Publisher: Routledge

Published: 2018-08-13

Total Pages: 331

ISBN-13: 0429824297

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First published in 1997, this volume examines questions of legal doctrine which have never been far from the study of crime. It has not always been able to keep the doctrinal aspects of law clearly in sight. There is always the pressure to turn to philosophy for the consideration of questions of moral and legal responsibility and to criminology and psychology for the analysis of action. The essays collected in this book turn again to questions of doctrine and consider the dogmatic order of law as the basis of the understanding of crime. It is the general argument of this book that without an understanding of the dogmatic order of the legal subject of crime, there will only ever be answers to questions that have never been appropriately asked. Loosely collected around questions of institution, judgement and address, these essays bring modern historical, doctrinal and cultural scholarship to bear on the practices of legal doctrine. Their aim is to offer an account of criminal law as a practice that institutes, judges and addresses the legal subject through a range of practices and knowledges. These range from the disciplinary knowledges of mental health to the cultural knowledges of femininity and female desire. They include the technical demands of law writing and court room procedure as well as symbolic powers of imagining corporate crime. These all are returned to the practical question of the production of knowledge through legal doctrine. These essays address a set of questions that have lain dormant in legal scholarship for much of the post-1945 era. In a time when the authority of law is being reconsidered at its foundations, it is appropriate too to reconsider the means and manner of the transmission of criminal law. Without an understanding of the formation of criminal law it is hardly surprising that questions of law reform raise such confusion.