Tradition and Morality in Constitutional Law
Author: Robert H. Bork
Publisher: American Enterprise Institute Press
Published: 1984
Total Pages: 32
ISBN-13:
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The Pragmatic Turn in Law
Author: Janet Giltrow
Publisher: Walter de Gruyter GmbH & Co KG
Published: 2017-06-12
Total Pages: 359
ISBN-13: 1501504681
DOWNLOAD EBOOKIn legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher:
Published: 2020
Total Pages: 1133
ISBN-13: 0197516742
DOWNLOAD EBOOK"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Feminism, Tradition and Change in Contemporary Islam
Author: Shehnaz Haqqani
Publisher: Simon and Schuster
Published: 2024-10-17
Total Pages: 434
ISBN-13: 0861548418
DOWNLOAD EBOOKThe Islamic tradition has always been flexible, changing over time and constantly adapting to the different societies Muslims find themselves in. Few Muslims today would abide by the fatwa against the printing press under the Ottomans. Moreover, although Islamic law legislates for slavery and child marriage, only a vanishing minority of Muslims consider these practices acceptable today – and some will even argue that Islam never permitted them. Yet some issues, like the prohibition on female-led prayer and female interfaith marriage seem curiously impervious to change. Why is that? Through a mixture of interviews with ordinary Muslims in Texas and critical analysis of contemporary and historical scholarship, Shehnaz Haqqani demonstrates the gendered dimensions of change and negotiation in Islamic tradition. She argues that a reliance on a mostly-male scholarly consensus means that the ‘tradition’ preserves male privilege at the expense of justice for Muslim women.
Manual of Discourse Traditions in Romance
Author: Esme Winter-Froemel
Publisher: Walter de Gruyter GmbH & Co KG
Published: 2022-11-07
Total Pages: 1052
ISBN-13: 3110665433
DOWNLOAD EBOOKThe series Manuals of Romance Linguistics (MRL) aims to present a comprehensive, state-of-the-art overview of Romance linguistics. It will comprise approximately 60 volumes that can either be consulted individually or used as a series of books providing a detailed overall picture of the current state of research in Romance linguistics. A special focus will be placed on the presentation and analysis of the smaller languages, the linguae minores.
Just Words
Author: John M. Conley
Publisher: University of Chicago Press
Published: 2019-05-10
Total Pages: 262
ISBN-13: 022648453X
DOWNLOAD EBOOKIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Law and Imagination in Troubled Times
Author: Richard Mullender
Publisher: Routledge
Published: 2020-05-12
Total Pages: 266
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.
Comparative Legal Studies: Traditions and Transitions
Author: Pierre Legrand
Publisher: Cambridge University Press
Published: 2003-08-14
Total Pages: 532
ISBN-13: 110732033X
DOWNLOAD EBOOKThe 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
A Cosmopolitan Jurisprudence
Author: Helge Dedek
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 325
ISBN-13: 1108899137
DOWNLOAD EBOOKH. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Globalisation and the Western Legal Tradition
Author: David B. Goldman
Publisher: Cambridge University Press
Published: 2008-02-07
Total Pages: 14
ISBN-13: 1139467352
DOWNLOAD EBOOKWhat can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
