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Author: Peter Fitzpatrick
Publisher: Routledge
Published: 2002-09-11
Total Pages: 252
ISBN-13: 1134890516
DOWNLOAD EBOOKThe Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.
Author: Ruth Buchanan
Publisher: Oxford University Press
Published: 2024-02-15
Total Pages: 865
ISBN-13: 0192867369
DOWNLOAD EBOOKThe Oxford Handbook of International Law and Development is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.
Author: Ruth Margaret Buchanan
Publisher: Routledge
Published: 2012
Total Pages: 233
ISBN-13: 0415568544
DOWNLOAD EBOOKReading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity.
Author: Daniela Carpi
Publisher: Walter de Gruyter GmbH & Co KG
Published: 2016-10-24
Total Pages: 464
ISBN-13: 3110496682
DOWNLOAD EBOOKThe latest development concerning the metaphorical use of the fairy tale is the legal perspective. The law had and has recourse to fairy tales in order to speak of the nomos and its subversion, of the politically correct and of the various means that have been used to enforce the law. Fairy tales are a fundamental tool to examine legal procedures and structures in their many failings and errors. Therefore, we have privileged the term "fables" of the law just to stress the ethical perspective: they are moral parables that often speak of justice miscarried and justice sought. Law and jurists are creators of "fables" on the view that law is born out of the facts (ex facto ius oritur) so that there is a need for narrative coherence both on the level of the case and the level of legislation (or turned the other way around: what does it mean if no such coherence is found?). This is especially of interest given the influx of all kinds of new technologies that are "fabulous" in themselves and hard to incorporate in traditional doctrinal schemes and thus in the construction of a new reality.
Author: Shane Chalmers
Publisher: Routledge
Published: 2021-05-19
Total Pages: 653
ISBN-13: 1000385760
DOWNLOAD EBOOKThis Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.
Author: Jenna Reinbold
Publisher: University of Pennsylvania Press
Published: 2017-01-12
Total Pages: 208
ISBN-13: 0812248813
DOWNLOAD EBOOKSeeing the Myth in Human Rights explores the role of myth in the creation and propagation of the 1948 Universal Declaration of Human Rights. Drawing on records, publications, and speeches from the Declaration's creators as well as current scholarship on human rights, Jenna Reinbold sees the Declaration as an exemplar of modern mythmaking.
Author: Hester Lessard
Publisher: UBC Press
Published: 2011-01-01
Total Pages: 387
ISBN-13: 0774818824
DOWNLOAD EBOOKPolitical communities are defined, and often contested, through stories. Scholars have long recognized that two foundational sets of stories � narratives of contact and narratives of arrival � helped to define settler societies. Storied Communities disrupts the assumption that Indigenous and immigrant identities fall into two separate streams of analysis. The authors juxtapose narratives of contact and narratives of arrival as they explore key themes such as narrative form, the nature of storytelling in the political realm, and the institutional and theoretical implications of foundation narratives. By doing so, they open up new ways to imagine, sustain, and transform political communities.
Author: Shane Chalmers
Publisher: Routledge
Published: 2018-05-16
Total Pages: 216
ISBN-13: 135100025X
DOWNLOAD EBOOKIt is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Author: Cassandra Sharp
Publisher: Routledge
Published: 2015-07-24
Total Pages: 323
ISBN-13: 1317626265
DOWNLOAD EBOOKWhat 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.
Author: Mark S. Weiner
Publisher: NYU Press
Published: 2008-12
Total Pages: 207
ISBN-13: 0814793657
DOWNLOAD EBOOKAmericans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
