Download or read book Imagining Law written by Dale Stephens and published by University of Adelaide Press. This book was released on 2016-10-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
Download or read book Imagining World Order written by Chenxi Tang and published by Cornell University Press. This book was released on 2018-12-15 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts—some highly canonical (Camões, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering—engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period—its so-called classical age—in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.
Download or read book Imagining the Law written by Norman F. Cantor and published by Harpercollins. This book was released on 1999-01-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Critics Circle Award finalist Norman Cantor provides an accessible and thoroughly researched look at how our current legal system, from the jury trial to the rule of law, was created--from its beginnings in Roman law and its evolution in response to the needs of English society and culture from 1000 to 1780. Index.
Download or read book Re imagining the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2012-03 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by experts in the field explores the place of the trust in the modern civil law.
Download or read book Imagining Legality written by Austin Sarat and published by University of Alabama Press. This book was released on 2011-09-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media. Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements. Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.
Download or read book Imagining a Greater Justice written by Samuel H. Pillsbury and published by Routledge. This book was released on 2019-01-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Download or read book Conservatives and the Constitution written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Download or read book Imagining Justice for Syria written by Beth Van Schaack and published by . This book was released on 2020 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused on the international community's response to the conflict in Syria, this is a book about the inexorable quest for justice, even in the face of seemingly impenetrable obstacles erected by actors intent on ensuring impunity. It features a number of creative ideas emerging from states and civil society actors intent on pursuing justice for atrocities in Syria
Download or read book Imagining Security written by Jennifer Wood and published by Routledge. This book was released on 2013-01-11 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the ways in which the problem of security is thought about and promoted by a range of actors and agencies in the public, private and nongovernmental sectors. The authors are concerned not simply with the influence of risk-based thinking in the area of security, but seek rather to map the mentalities and practices of security found in a variety of sectors, and to understand the ways in which thinking from these sectors influence one another. Their particular concern is to understand the drivers of innovation in the governance of security, the conditions that make innovation possible and the ways in which innovation is imagined and realised by actors from a wide range of sectors. The book has two key themes: first, governance is now no longer simply shaped by thinking within the state sphere, for thinking originating within the business and community spheres now also shapes governance, and influence one another. Secondly, these developments have implications for the future of democratic values as assumptions about the traditional role of government are increasingly challenged. The first five chapters of the book explore what has happened to the governance of security, through an analysis of the drivers, conditions and processes of innovation in the context of particular empirical developments. Particular reference is made here to 'waves of change' in security within the Ontario Provincial Police in Canada. In the final chapter the authors examine the implications of 'nodal governance' for democratic values, and then suggest normative directions for deepening democracy in these new circumstances.
Download or read book Imagining New Legalities written by Austin Sarat and published by Stanford University Press. This book was released on 2012-03-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Download or read book Law Technology and Society written by Roger Brownsword and published by Routledge. This book was released on 2019-02-18 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Download or read book The Cabinet of Imaginary Laws written by Peter Goodrich and published by Routledge. This book was released on 2021-06-28 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Progressive legal and political thinking has for long lacked a positive, let alone a bold imaginary project, an account of what improved institutions and an ameliorated environment would look like. And where better to start than with the non-laws or imaginary legislations of a realm yet to come. The Cabinet of Imaginary Laws is a collection of fictive contributions to the theme of conceiving imaginary laws in the vivid vein of jurisliterary invention. Disparate in style and diverse in genres of writing and performative expression, the celebrated and unknown, venerable and youthful authors write new laws. Thirty-five dissolute scholars, impecunious authors and dyspeptic artists from a variety of fields including law, film, science, history, philosophy, political science, aesthetics, architecture and the classics become, for a brief and inspiring instance, legislators of impossible norms. The collection provides an extra-ordinary range of inspired imaginings of other laws. This momentary community of radial thought conceives of a wild variety of novel critical perspectives. The contributions aim to inspire reflection on the role of imagination in the study and writing of law. Verse, collage, artworks, short stories, harangues, lists, and other pleas, reports and pronouncements revivify the sense of law as the vehicle of poetic justice and as an art that instructs and constructs life. Aimed at an intellectual audience disgruntled with the negativity of critique and the narrowness of the disciplines, this book will appeal especially to theorists, lawyers, scholars and a general public concerned with the future of decaying laws and an increasingly derelict legal system.
Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Download or read book Imagining the King s Death written by John Barrell and published by . This book was released on 2000 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is high treason in British law to imagine the king's death. But after the execution of Louis XVI in 1793, everyone in Britain must have found themselves imagining that the same fate might befall George III. How easy was it to distinguish between fantasising about the death of George and imagining it, in the legal sense of intending or designing? John Barrell examines this question in the context of the political trials of the mid-1790s and the controversies they generated. He shows how the law of treason was adapted in the years following Louis's death to punish what was acknowledged to be a "modern" form of treason unheard of when the law had been framed. The result, he argues, was the invention of a new and imaginary reading, a "figurative" treason, by which the question of who was imagining the king's death, the supposed traitors or those who charged them with treason, became inseparable.
Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Download or read book Re Imagining Labour Law for Development written by Diamond Ashiagbor and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.
Download or read book Imagining Exile in Heian Japan written by Jonathan Stockdale and published by University of Hawaii Press. This book was released on 2015-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over three hundred years during the Heian period (794–1185), execution was customarily abolished in favor of banishment. During the same period, exile emerged widely as a concern within literature and legend, in poetry and diaries, and in the cultic imagination, as expressed in oracles and revelations. While exile was thus one sanction available to the state, it was also something more: a powerful trope through which members of court society imagined the banishment of gods and heavenly beings, of legendary and literary characters, and of historical figures, some transformed into spirits. This compelling and well-researched volume is the first in English to explore the rich resonance of exile in the cultural life of the Japanese court. Rejecting the notion that such narratives merely reflect a timeless literary archetype, Jonathan Stockdale shows instead that in every case narratives of exile emerged from particular historical circumstances—moments in which elites in the capital sought to reveal and to re-imagine their world and the circulation of power within it. By exploring the relationship of banishment to the structures of inclusion and exclusion upon which Heian court society rested, Stockdale moves beyond the historiographical discussion of "center and margin" to offer instead a theory of exile itself. Stockdale's arguments are situated in astute and careful readings of Heian sources. His analysis of a literary narrative, the Tale of the Bamboo Cutter, for example, shows how Kaguyahime's exile from the "Capital of the Moon" to earth implicitly portrays the world of the Heian court as a polluted periphery. His exploration of one of the most well-known historical instances of banishment, that of Sugawara Michizane, illustrates how the political sanction of exile could be met with a religious rejoinder through which an exiled noble is reinstated in divine form, first as a vengeful spirit and then as a deity worshipped at the highest levels of court society. Imagining Exile in Heian Japan is a model of interdisciplinary scholarship that will appeal to anyone interested in the interwoven connections among the literature, politics, law, and religion of early and classical Japan.
