Download or read book Legal Modernism written by David Luban and published by University of Michigan Press. This book was released on 2010-05-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Download or read book Rethinking Islamic Legal Modernism written by Ron Shaham and published by BRILL. This book was released on 2018-07-10 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Modernism and the Grounds of Law written by Peter Fitzpatrick and published by Cambridge University Press. This book was released on 2001-05-02 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that law is both derived from and constitutive of surrounding cultural contexts.
Download or read book Common Law History and Democracy in America 1790 1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Download or read book Legal Modernism in Iraq written by Fatima Agha Al-Hayani and published by . This book was released on 1993 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modernism and the Meaning of Corporate Persons written by Lisa Siraganian and published by Oxford University Press. This book was released on 2020-11-19 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Modernism and Copyright written by Paul K. Saint-Amour and published by OUP USA. This book was released on 2011-01-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Postmodern Legal Movements written by Gary Minda and published by NYU Press. This book was released on 1996-05-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Download or read book The History and Theory of Legal Practice in China written by Philip C.C. Huang and published by BRILL. This book was released on 2014-09-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.
Download or read book Our America written by Walter Benn Michaels and published by Duke University Press. This book was released on 1995 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing that the contemporary commitment to the importance of cultural identity has renovated rather than replaced an earlier commitment to racial identity, Walter Benn Michaels asserts that the idea of culture, far from constituting a challenge to racism, is actually a form of racism. Our America offers both a provocative reinterpretation of the role of identity in modernism and a sustained critique of the role of identity in postmodernism. "We have a great desire to be supremely American," Calvin Coolidge wrote in 1924. That desire, Michaels tells us, is at the very heart of American modernism, giving form and substance to a cultural movement that would in turn redefine America's cultural and collective identity--ultimately along racial lines. A provocative reinterpretation of American modernism, Our America also offers a new way of understanding current debates over the meaning of race, identity, multiculturalism, and pluralism. Michaels contends that the aesthetic movement of modernism and the social movement of nativism came together in the 1920s in their commitment to resolve the meaning of identity--linguistic, national, cultural, and racial. Just as the Johnson Immigration Act of 1924, which excluded aliens, and the Indian Citizenship Act of the same year, which honored the truly native, reconceptualized national identity, so the major texts of American writers such as Cather, Faulkner, Hurston, and Williams reinvented identity as an object of pathos--something that can be lost or found, defended or betrayed. Our America is both a history and a critique of this invention, tracing its development from the white supremacism of the Progressive period through the cultural pluralism of the Twenties. Michaels's sustained rereading of the texts of the period--the canonical, the popular, and the less familiar--exposes recurring concerns such as the reconception of the image of the Indian as a symbol of racial purity and national origins, the relation between World War I and race, contradictory appeals to the family as a model for the nation, and anxieties about reproduction that subliminally tie whiteness and national identity to incest, sterility, and impotence.
Download or read book Law after Modernity written by Sionaidh Douglas-Scott and published by A&C Black. This book was released on 2014-07-18 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Download or read book Late Modernism written by Tyrus Miller and published by Univ of California Press. This book was released on 1999-02-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tyrus Miller breaks new ground in this study of early twentieth-century literary and artistic culture. Whereas modernism studies have generally concentrated on the vital early phases of the modernist revolt, Miller focuses on the turbulent later years of the 1920s and 1930s, tracking the dissolution of modernism in the interwar years. In the post-World War I reconstruction and the worldwide crisis that followed, Miller argues, new technological media and the social forces of mass politics opened fault lines in individual and collective experience, undermining the cultural bases of the modernist movement. He shows how late modernists attempted to discover ways of occupying this new and often dangerous cultural space. In doing so they laid bare the ruin of the modernist aesthetic at the same time as they transcended its limits. In his wide-ranging theoretical and historical discussion, Miller relates developments in literary culture to tendencies in the visual arts, cultural and political criticism, mass culture, and social history. He excavates Wyndham Lewis's hidden borrowings from Al Jolson's The Jazz Singer; situates Djuna Barnes between the imagery of haute couture and the intellectualism of Duchamp; uncovers Beckett's affinities with Giacometti's surrealist sculptures and the Bolshevik clowns Bim-Bom; and considers Mina Loy as both visionary writer and designer of decorative lampshades. Miller's lively and engaging readings of culture in this turbulent period reveal its surprising anticipation of our own postmodernity.
Download or read book Kangaroo Courts and the Rule of Law written by Desmond Manderson and published by Routledge. This book was released on 2012 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation This volume addresses the legacy of contemporary critiques of language for the concept of the rule of law. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it?
Download or read book Literary Obscenities written by Erik M. Bachman and published by Refiguring Modernism. This book was released on 2019-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines U.S. obscenity trials in the early twentieth century and how they framed a wide-ranging debate about the printed word's power to deprave, offend, and shape behavior.
Download or read book Marxism and Modernism written by Eugene Lunn and published by University of California Press. This book was released on 2021-05-28 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1982.
Download or read book Threshold Modernism written by Elizabeth F. Evans and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how changing ideas about gender and race shaped - and were shaped by - London and its literature.
