Law And Literature Symposium
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| Author | : Maksymilian Del Mar |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 932 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 150993619X |
Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
| Author | : Carsten Stahn |
| Publisher | : |
| Total Pages | : 481 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198864183 |
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
| Author | : Yuval Feldman |
| Publisher | : |
| Total Pages | : 257 |
| Release | : 2018-06-07 |
| Genre | : Law |
| ISBN | : 1107137101 |
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
| Author | : Peter Brooks |
| Publisher | : Yale University Press |
| Total Pages | : 316 |
| Release | : 1996-01-01 |
| Genre | : Law |
| ISBN | : 9780300146295 |
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.
| Author | : Oumar Ba |
| Publisher | : Cambridge University Press |
| Total Pages | : 207 |
| Release | : 2020-07-02 |
| Genre | : Law |
| ISBN | : 1108806082 |
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
| Author | : Andreas Buser |
| Publisher | : Springer Nature |
| Total Pages | : 439 |
| Release | : 2021-01-04 |
| Genre | : Law |
| ISBN | : 3030636399 |
The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.
| Author | : Susan Sage Heinzelman |
| Publisher | : Post-Contemporary Intervention |
| Total Pages | : 408 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : |
An interdisciplinary anthology of writing by and about women and the way they talk about themselves and allow others to talk about them in ways that are sometimes liberating, sometimes incriminating, but always fraught with questions of personal, and therefore political, power. Some topics include the concept of representation in the law; race and essentialism in feminist legal theory; and representing the lesbian in law and literature. Lacks an index. Paper edition (unseen), $19.95. Annotation copyright by Book News, Inc., Portland, OR
| Author | : Robin West |
| Publisher | : University of Michigan Press |
| Total Pages | : 458 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : 9780472103652 |
Challenges the moral basis for the authority of law
| Author | : Kamari Maxine Clarke |
| Publisher | : Duke University Press |
| Total Pages | : 220 |
| Release | : 2019-11-15 |
| Genre | : History |
| ISBN | : 1478007389 |
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
| Author | : Darryl Robinson |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2020-12-17 |
| Genre | : Law |
| ISBN | : 1009028286 |
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
