"This is a book of fanciful scenes of what might have happened instead of what did happen to people who met the law. It was inspired by the tale of Mrs Donoghue who found a decomposed snail in a bottle of ginger beer and made legal history. It also tells you what did happen so that you can understand the pictures of what might have happened." - inside cover.
This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.
This book offers an account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, and the trials of O. J. Simpson and Adolf Eichmann, Felman argues that the adjudication of collective traumas in the 20th century transformed both culture and law.
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Through close engagement with the work of Wordsworth, Austen, and Byron, The History of Missed Opportunities posits that the everyday first emerged as a distinct category of experience, or first became thinkable, in the Romantic period. Conceived here as something overlooked and only noticed in retrospect, the everyday not only becomes subject matter for Romanticism, it also structures Romantic poetry, prose, and writing habits. Because the everyday is not noticed the first time around, it comes to be thought of as a missed opportunity, a possible world that was not experienced or taken advantage of and of whose history—or lack thereof—writers become acutely conscious. Consciousness of the everyday also entails a new relationship to time, as the Romantics turn to the history of what might have been. In recounting Romanticism's interest in making things recurrently present, in recovering a past of what was close at hand yet underappreciated, William H. Galperin positions the Romantics as precursors to twentieth-century thinkers of the everyday, including Heidegger, Benjamin, Lefebvre, and Cavell. He attends to Romantic discourse that works at cross purposes with standard accounts of both Romanticism and Romantic subjectivity. Instead of individualizing or turning inward, the Romantics' own discourse depersonalizes or exhibits a confrontation with thing-ness and the material world.
This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.