Legal Modernism

Legal Modernism
Author: David Luban
Publisher: University of Michigan Press
Total Pages: 421
Release: 2010-05-06
Genre: Law
ISBN: 0472024116

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

Legal Modernism

Legal Modernism
Author: David Luban
Publisher:
Total Pages: 0
Release: 1997
Genre: Critical legal studies
ISBN:

Rethinking Islamic Legal Modernism

Rethinking Islamic Legal Modernism
Author: Ron Shaham
Publisher: BRILL
Total Pages: 201
Release: 2018-07-10
Genre: Law
ISBN: 9004369546

In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.

American Legal Thought from Premodernism to Postmodernism

American Legal Thought from Premodernism to Postmodernism
Author: Stephen M. Feldman
Publisher:
Total Pages: 285
Release: 2000
Genre: Art
ISBN: 019510966X

American legal thought has progressed remarkably quickly from premodernism to modernism and into postmodernism in little over 200 years. This text tells the story of this mercurial journey of jurisprudence by showing the development of legal thought through these three intellectual periods.

Modernism and the Grounds of Law

Modernism and the Grounds of Law
Author: Peter Fitzpatrick
Publisher: Cambridge University Press
Total Pages: 276
Release: 2001-05-02
Genre: Law
ISBN: 9780521002530

This book argues that law is both derived from and constitutive of surrounding cultural contexts.

The Affective Life of Law

The Affective Life of Law
Author: Ravit Pe'er-Lamo Reichman
Publisher: Stanford Law Books
Total Pages: 240
Release: 2009
Genre: Law
ISBN:

Woolf and the lesson of torts -- The strange character of law -- Property and carrying on -- Committed to memory : Rebecca West's Nuremberg -- From witness to neighbor : Arendt's Eichmann

Modernism and the Meaning of Corporate Persons

Modernism and the Meaning of Corporate Persons
Author: Lisa Siraganian
Publisher: Oxford University Press
Total Pages: 287
Release: 2020-11-19
Genre: Literary Criticism
ISBN: 0192639633

Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.

Modernism and the Law

Modernism and the Law
Author: Robert Spoo
Publisher: Bloomsbury Publishing
Total Pages: 208
Release: 2018-08-09
Genre: Literary Criticism
ISBN: 1474275826

Exploring critical legal issues and cases of the period-from Oscar Wilde's prosecution for gross indecency to legal bans on such publications as D.H. Lawrence's Lady Chatterley's Lover, Radclyffe Hall's The Well of Loneliness, and James Joyce's Ulysses-Modernism and the Law is the first book to survey the legal contexts of transatlantic Anglo-American modernist culture. Written by one of the leading authorities on the subject, the book covers such topics as: · Obscenity laws and censorship · Copyrights, moral rights, and the public domain · Patronage and literary piracy · Privacy, defamation, publicity, and blackmail Including an annotated list of relevant statutes, treaties, and cases, this is an essential read for scholars and students coming to the subject for the first time as well as for experienced scholars.

Law as Resistance

Law as Resistance
Author: Peter Fitzpatrick
Publisher: Routledge
Total Pages: 0
Release: 2008
Genre: Government, Resistance to
ISBN: 9780754626855

This collection of classic essays by Peter Fitzpatrick displays his characteristic radical tone and demonstrates his lasting contribution to social, political and postcolonial theories of law.

Modernism and Copyright

Modernism and Copyright
Author: Paul K. Saint-Amour
Publisher: OUP USA
Total Pages: 400
Release: 2011-01-27
Genre: Language Arts & Disciplines
ISBN: 0199731535

How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.