The Phenomenology Of Modern Legal Discourse
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| Author | : William E. Conklin |
| Publisher | : Taylor & Francis |
| Total Pages | : 302 |
| Release | : 2024-05-01 |
| Genre | : Law |
| ISBN | : 1040025447 |
Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
| Author | : |
| Publisher | : Stanford University Press |
| Total Pages | : 400 |
| Release | : 2008-06-20 |
| Genre | : Law |
| ISBN | : 0804779414 |
An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.
| Author | : Karen Petroski |
| Publisher | : Routledge |
| Total Pages | : 340 |
| Release | : 2018-10-10 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1351163825 |
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
| Author | : George Pavlakos |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 390 |
| Release | : 2007-07-11 |
| Genre | : Law |
| ISBN | : 184731368X |
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
| Author | : William S. Hamrick |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 254 |
| Release | : 2013-03-09 |
| Genre | : Philosophy |
| ISBN | : 9401707073 |
The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
| Author | : Ruth Margaret Buchanan |
| Publisher | : Routledge |
| Total Pages | : 233 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0415568544 |
Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity.
| Author | : Angela Condello |
| Publisher | : |
| Total Pages | : 184 |
| Release | : 2022-02-28 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9781474450577 |
Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.
| Author | : Peter Goodrich |
| Publisher | : Springer |
| Total Pages | : 273 |
| Release | : 1990-02-19 |
| Genre | : Social Science |
| ISBN | : 1349112836 |
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.
| Author | : William Paul Simmons |
| Publisher | : Cambridge University Press |
| Total Pages | : 269 |
| Release | : 2011-09-26 |
| Genre | : Philosophy |
| ISBN | : 113950326X |
This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.
| Author | : Frank Fleerackers |
| Publisher | : Springer Nature |
| Total Pages | : 212 |
| Release | : 2023-09-02 |
| Genre | : Law |
| ISBN | : 3031268555 |
Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
