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 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 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 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 287 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 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 Law as Resistance written by Peter Fitzpatrick and published by Routledge. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of classic essays by Peter Fitzpatrick displays his characteristic radical tone and demonstrates his lasting contribution to social, political and postcolonial theories of law.
Download or read book Violent Minds written by Matthew Levay and published by Cambridge University Press. This book was released on 2019-01-03 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levay analyzes representations of the criminal in British and American modernism from the late nineteenth century to the 1950s.
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 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 Without Copyrights written by Robert Spoo and published by Oxford University Press. This book was released on 2016 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Tells the story of how the clashes between authors, publishers, and literary "pirates" influenced both American copyright law and literature itself."--Dust jacket flap
Download or read book Language and Meaning in the Age of Modernism written by James McElvenny and published by Edinburgh University Press. This book was released on 2018-01-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the influential currents in the philosophy of language and linguistics of the first half of the twentieth century, from the perspective of the English scholar C. K. Ogden (1889 - 1957). It reveals links between early analytic philosophy, semiotics and linguistics in a crucial period of their respective histories.
Download or read book Creaturely Forms in Contemporary Literature written by Dominic O'Key and published by Bloomsbury Publishing. This book was released on 2022-01-13 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are living through a period of planetary crisis, a time in which the mass production and consumption of some animals is made possible by the mass extinction of many others. What is the role of literature in responding to this war against animals? How might literary criticism read for animals? In Creaturely Forms in Contemporary Literature, Dominic O'Key develops the bold argument that deep attention to literary form enables us to rethink human-animal relations. Through chapters on W. G. Sebald, J. M. Coetzee and Mahasweta Devi, as well as close readings of works by Arundhati Roy and Richard Powers, O'Key reveals how literary forms can unsettle the fictions of human supremacy and craft alternative, creaturely forms of relation. An intervention into both the humanism of literary theory and the representational focus of animal studies, this provocative work makes the case for a new formalism in light of our obligation to fellow creatures.
Download or read book Modernism and Close Reading written by David James and published by . This book was released on 2020 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers new methodological and interpretive avenues for reconceptualising modernism's longstanding relationship to close reading.
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 Modernism A Very Short Introduction written by Christopher Butler and published by Oxford University Press. This book was released on 2010-07-29 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compact introduction to modernism--why it began, what it is, and how it hasshaped virtually all aspects of 20th and 21st century life
Download or read book Democracy Law and the Modernist Avant Gardes written by Sascha Bru and published by Edinburgh University Press. This book was released on 2009-10-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to look at the ties between European modernism and democracy in a cross-cultural manner. Focusing on the continental avant-gardes of the nineteen-tens and twenties, Sascha Bru's original and provocative book fundamentally revises our understanding of modernism's cultural and political history. Bru brings together a wide range of European experimental writers and provides detailed analyses of Italian futurist F.T. Marinetti, German Dadaist Richard Huelsenbeck and Belgian expressionist Paul van Ostaijen. Bru locates these writers within their exceptional democratic context and demonstrates how the modernist avant-garde, during the First World War and the upheavals that followed, found itself caught up in a series of 'states of exception'. In such states legal democratic institutions were bracketed and set aside, and 'literature' as an autonomous realm was temporarily suspended. Faced with extreme forms of politicisation, avant-gardists throughout Europe tried to safeguard literature's autonomy in a variety of ways. These included turning politics and law into genuinely artistic materials and producing a repertoire of alternatives to existent frameworks of democracy.Against assertions that anti-art avant-garde gestures were meant to overcome art's autonomy and approximate the condition of politics, Bru shows that European avant-gardists may well have been one of the staunchest defenders of art's sovereignty in modern times.Key Features* Facilitates dialogue between Anglo-American and European modernist studies* Presents new interpretations of Berlin Dada, futurism and expressionism, and brings an innovative historical framework with which to analyse continental modernism* Provides an original perspective on modernist writing and theory during the first decades of the foregoing century* Offers, in the introductory chapter, a survey of ways in which to relate experimental writing to politics
Download or read book Modernism Theory and Responsible Reading written by Stephen Ross and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing readers to a new theory of 'responsible reading', this book presents a range of perspectives on the contemporary relationship between modernism and theory. Emerging from a collaborative process of comment and response, it promotes conversation among disparate views under a shared commitment to responsible reading practices. An international range of contributors question the interplay between modernism and theory today and provide new ways of understanding the relationship between the two, and the links to emerging concerns such as the Anthropocene, decolonization, the post-human, and eco-theory. Promoting responsible reading as a practice that reads generously and engages constructively, even where disagreement is inevitable, this book articulates a mode of ethical reading that is fundamental to ongoing debates about strength and weakness, paranoia and reparation, and critique and affect.
