Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.
Download or read book Laws Metaphors written by David Gurnham and published by Wiley-Blackwell. This book was released on 2016-03-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Metaphors: Interrogating Languages of Law, Justice and Legitimacy presents a series of essays that reveal how metaphors for terms relating to the theory and practice of law are utilized in legal texts, literary works, and in our popular imagination. Represents an innovative approach to interdisciplinary legal scholarship Features new developments in theorizing law’s relations with language, society, and culture Includes contributions from European and North American scholars across several relevant disciplines Reveals the prevalence and power of the use of metaphors in the legal profession and in the popular imagination
Download or read book Comparative Law written by Sean Patrick Donlan and published by Routledge. This book was released on 2019-12-06 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Download or read book Metaphors and Norms written by Stefan Larsson and published by Stefan Larsson. This book was released on 2011 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Metaphor in Legal Discourse written by Inesa Šeškauskienė and published by Cambridge Scholars Publishing. This book was released on 2022-02-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.
Download or read book Conceptions in the Code written by Stefan Larsson and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an analysis of copyright in a digital context, Stefan Larsson ́s Conceptions in the Code explains the role that metaphor plays in the law's handling of technological change. It makes a significant contribution to sociolegal analysis as well as conceptual metaphor theory.
Download or read book The Language of Law and Food written by Salvatore Mancuso and published by Routledge. This book was released on 2021-04-27 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.
Download or read book Metaphor and Reason in Judicial Opinions written by Haig A. Bosmajian and published by SIU Press. This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the public, judges handing down judicial decisions present arguments arrived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "Rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn’t law be?" Haig Bosmajian examines the crucial role of the trope—metaphors, personifications, metonymies—in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as "the wall of separation" between church and state, justice personified as a female, or the Constitution as "colorblind," explaining why they are not straightforward statements of legal fact but examples of the ways tropes are used in legal language. A useful example can be found in Judge Learned Hand’s response to a 1943 case involving news gathering and monopoly. Hand found the need to protect the public’s right to the "dissemination of news from as many different sources, and with as many different facets and colors possible," an interest "closely akin to, if indeed it is not the same as, the interest protected by the First Amendment; it presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and always will be folly; but we have staken upon it our all."
Download or read book Law as Metaphor written by June Starr and published by SUNY Press. This book was released on 1992-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the growth of secular law in a Middle East nation, revealing it to be the product of elite competition over control of the state, a competition the secular elites won in Turkey when Ataturk set up the new Republic. The author demonstrates the great extent to which secularism dominates the discourse of Turkish conflict resolution by the mid-1960s. Her work exemplifies the uses of empirical field research set within a historical context.
Download or read book Kant s Tribunal of Reason written by Sofie Møller and published by Cambridge University Press. This book was released on 2020-03-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.
Download or read book Lying Down Together written by Milner S. Ball and published by . This book was released on 1985 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is understood, interpreted, and practiced by metaphor. The presently dominant, conceptual metaphor for law is that "law is the bulwark of freedom." Milner S. Ball, in this experimental statement, invites the reader to consider an alternate metaphor: "law is a medium of human solidarity." A more humane metaphor for law, Ball's alternative connotes an open-ended conductor allowing for exchange and flow rather than the defensive wall or barrier associated with "bulwark." To discover how this alternate metaphor may take concrete form, Ball explores the law of the sea and coast while basing his discussion in broad theological terms. This provocative analysis of jurisprudence will interest academic and practicing lawyers, theologians, philosophers, and political scientists concerned with legal studies. Law as bulwark suggests a static, defensive posture that is all divisions and boundaries--a contradiction to the meaning and purpose of law as well as destructive of human community. Law as medium, illuminated by Ball's analysis of international, federal, and state marine law, releases these barriers and promotes a flow of dialogue. When viewed in this way, law serves the dynamics of a transfigured society. The metaphorical context of law as bulwark, depicted by Ball, is "Fortress America"; the metaphorical context of law as medium is the "Peaceable Kingdom." Ball examines the possibilities and practice of law as the medium of the "Peaceable Kingdom" through a theological perspective based on a nonreligious, political theology of the natural. The author also draws imaginatively upon ecology, physics, art, literature, ethics, and rhetoric to persuade the reader to join him in his hope for a jurisprudence more authentically human and less inherently victimizing than that of the legal system today.
Download or read book Metaphors of Mind written by Brad Pasanek and published by JHU Press. This book was released on 2015-07-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking introduction to eighteenth-century metaphors of the mind that recasts the grand narrative of the Enlightenment in terms of its tropes and figures. An encyclopedic dictionary along the lines of Voltaire’s classic Dictionnaire Philosophique, Metaphors of Mind provides an in-depth look at the myriad ways in which Enlightenment writers used figures of speech to characterize the mind. Drawn from Brad Pasanek’s massive online archive, http://metaphorized.net, this volume constitutes a veritable treasury of mental metaphorics. Dividing the book into eleven broad metaphorical categories—Animals, Coinage, Court, Empire, Fetters, Impressions, Inhabitants, Metal, Mirror, Rooms, and Writing—Pasanek maps out constellations of metaphors. He frames his collection of literary excerpts in each section with a more descriptive and theoretical discussion of what he calls “desultory reading,” a form of unsystematic perusal of writing frequently employed by Enlightenment thinkers. By surveying the printed past alongside the digital present, the book treats eighteenth-century writing as its topic while essentially exemplifying its rhetorical approach. More than an exercise in quotation, this intellectual history offers illuminating readings of fragmentary literary works and confrontations with neoclassical and contemporary theories of metaphor. The book’s entries complicate received ideas about Locke’s blank slate, question M. H. Abrams’ claims about mirrors and lamps, and chart changing frequencies of metal metaphors in a moment of industrial revolution. The book also responds to current anxieties about reading and the mass digitization of literature, touching on recent discussions of “distant reading,” “shallow reading,” and “surface reading.” Promoting critical and creative anachronism, Metaphors of Mind redefines the notion of an archive in the age of Amazon and Google Books.
Download or read book Professions and Metaphors written by Andreas Liljegren and published by Routledge. This book was released on 2016-07-22 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professions and Metaphors: Understanding Professions in Society explores the way that two traditions have contributed to our understanding of both theory and society over recent decades. In the first tradition, the growing literature on metaphors has helped to guide thinking, providing insights into such phenomena as the study of organizations. In the second, there has been an increased interest in professions, from lawyers and university academics to doctors and social workers. This edited collection brings together these two traditions for the first time, providing a unique and systematic overview, at macro and micro level, of the use of metaphors in the sociology of professions. A range of professional fields are explored, from law and medicine to social work and teaching, showing how metaphors can enhance our understanding of the operation of professional groups. By demonstrating how metaphors can add to our understanding of professions in society, as well as in professional practice, this ground-breaking book makes an invaluable contribution to advanced students and researchers in fields such as the sociology of professions and work and organization – as well as informing professionals and policy makers themselves.
Download or read book The Torah Law Is a Journey written by Ivana Procházková and published by Charles University in Prague, Karolinum Press. This book was released on 2021-07-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Metaphorical expressions not only appear in poetic texts of the Old Testament but also in legal texts. In particular, they appear in the preambles to collections of laws, in their final summaries, in more general considerations on compliance with and violation of the law, in texts concerning the meaning of the law, dealing with topics that are now dealt with in law theory or law philosophy. Metaphorical expressions usually reveal how the authors of the relevant Torah / Law texts understood their function in society, in culture. They testify to the place of the Torah / Law in the system of values, about what society preferred in the law. The following monograph is a contribution to the scholarly debate, which is methodologically anchored in cognitive and culturally oriented linguistics. Its focus is to investigate Hebrew metaphorical expressions concerning one of the key Old Testament concept Torah / Law. The author focuses on the identification of Hebrew conceptual metaphors and on the explanation of the meaning of the respective metaphorical expressions. Another area in which the use of cognitive linguistic analyses and the interpretation of metaphorical expressions has proven to be very effective is in the area of translation. The third chapter of this book is given to look at modern translations of selected metaphorical expressions into modern Czech and English. Another possible application of cognitive linguistic analyses of metaphorical expressions in the semantic field Law is represented by the final case study. The study brings the results of cognitive semantic analyses of the didactic human rights material Compass: Manual for Human Rights Education with Young People with regard to the metaphors used to conceptualize the concept of human rights.
Download or read book The Oxford Handbook of Law Regulation and Technology written by Roger Brownsword and published by Oxford University Press. This book was released on 2017-07-24 with total page 1342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
Download or read book Malignant Metaphor written by Alanna Mitchell and published by ECW Press. This book was released on 2015-09-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Clear medical explanations . . . will bring comfort to those readers and their loved ones facing a cancer diagnosis” (Publishers Weekly). A Finalist for the Lane Anderson Award for Science Writing Alanna Mitchell explores the facts and myths about cancer in this powerful book, as she recounts her family’s experiences with the disease. When her beloved brother-in-law John is diagnosed with malignant melanoma, Alanna throws herself into the latest clinical research, providing us with a clear description of what scientists know of cancer and its treatments. When John enters the world of alternative treatments, Alanna does, too, looking for the science in untested waters. She comes face to face with the misconceptions we share about cancer, which are rooted in blame and anxiety, and opens the door to new ways of looking at our most-feared illness. Beautifully written, Malignant Metaphor is a compassionate and persuasive book that has the power to change the conversation about cancer. “Mitchell’s research is rooted in science, while her writing remains grippingly personal.” ―Quill & Quire
