Narrative, Authority, and Law

Narrative, Authority, and Law
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

Stories of the Law

Stories of the Law
Author: Moshe Simon-Shoshan
Publisher: OUP USA
Total Pages: 304
Release: 2012-03-30
Genre: Law
ISBN: 0199773734

Simon-Shoshan examines the neglected genre of rabbinic legal stories, arguing that this genre is crucial to understanding both rabbinic jurisprudence and rabbinic story-telling and challenging traditional distinctions between law and literature.

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East
Author: Dylan R. Johnson
Publisher: Mohr Siebeck
Total Pages: 383
Release: 2020-08-04
Genre: Religion
ISBN: 3161595092

Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.

The Common Place of Law

The Common Place of Law
Author: Patricia Ewick
Publisher: University of Chicago Press
Total Pages: 342
Release: 1998-07-06
Genre: Law
ISBN: 9780226227443

Why do some people call the police to quiet a barking dog in the middle of the night, while others accept devastating loss or actions without complaint? Sociologists Patricia Ewick and Susan Silbey examine more than 400 case studies to explore the various ways the law is perceived and utilized, or not, by a broad spectrum of citizens.

Law's Stories

Law's Stories
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.

Human Rights, Inc.

Human Rights, Inc.
Author: Joseph R. Slaughter
Publisher: Fordham Univ Press
Total Pages: 436
Release: 2009-08-25
Genre: Literary Criticism
ISBN: 0823228193

In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.

To Speak as a Judge

To Speak as a Judge
Author: Sandra Berns
Publisher: Routledge
Total Pages: 327
Release: 2019-05-23
Genre: Law
ISBN: 0429686668

First published in 1999, this volume explores the nature of adjudication in the common law tradition from a feminist postmodernist perspective. The author accepts and celebrates the ‘choices’ open to the judge and argues that without choice, judgment cannot be properly judicial. The first full length feminist exploration of the role of the judge and the nature of law and legality, To Speak as a Judge is grounded in the process of adjudication and its rhetorical nature. It draws upon significant contemporary cases to explore the narrativity of law and the ways in which rhetoric and judicial understandings of the nature of law determine narrative style.

Aristotle's Ethics and Legal Rhetoric

Aristotle's Ethics and Legal Rhetoric
Author: FrancesJ. Ranney
Publisher: Routledge
Total Pages: 212
Release: 2017-07-05
Genre: Law
ISBN: 1351575864

Taking the novel position of dealing with law, classical rhetoric and feminism concurrently, this book considers the effects of beliefs about language on those who attempt to theorize about and use law to accomplish practical and political purposes. The author employs Aristotle's terminology to analyze economic and literary schools of thought in the US legal academy, noting the implicit language theory underlying claims by major thinkers in each school about the nature of law and its relationship to justice. The underlying assumption is that, as law can only work through language, beliefs about its relationship to justice are determined by assumptions about the nature of language. In addition, the author provides an alternative, feminist rhetoric that, being focused on the production of texts rather than their interpretation, offers a practical ethic of intervention.

The Sentimental Life of International Law

The Sentimental Life of International Law
Author: Gerry Simpson
Publisher: Oxford University Press
Total Pages: 241
Release: 2021
Genre: International law
ISBN: 0192849794

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.