Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.

Download or read book Justice as Message written by Carsten Stahn and published by . This book was released on 2020 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.

Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

Download or read book Law s Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Download or read book Representing Women written by Susan Sage Heinzelman and published by Post-Contemporary Intervention. This book was released on 1994 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary anthology of writing by and about women and the way they talk about themselves and allow others to talk about them in ways that are sometimes liberating, sometimes incriminating, but always fraught with questions of personal, and therefore political, power. Some topics include the concept of representation in the law; race and essentialism in feminist legal theory; and representing the lesbian in law and literature. Lacks an index. Paper edition (unseen), $19.95. Annotation copyright by Book News, Inc., Portland, OR

Download or read book Emerging Powers Global Justice and International Economic Law written by Andreas Buser and published by Springer Nature. This book was released on 2021-01-04 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.

Download or read book Narrative Authority and Law written by Robin West and published by University of Michigan Press. This book was released on 1993 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the moral basis for the authority of law

Download or read book Failed Revolutions written by Richard Delgado and published by Routledge. This book was released on 2019-03-08 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after school integration became the law of the land, African-American poverty, isolation, and despair are as deep as ever. Thirty years after the environmental revolution of the 1960s, our environment continues to deteriorate. Why have these and so many other hopeful revolutions failed? Focusing on the crucial discipline of the law,

Download or read book Invitation to Law Society written by Kitty Calavita and published by University of Chicago Press. This book was released on 2016-04-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Download or read book Justice in Extreme Cases written by Darryl Robinson and published by Cambridge University Press. This book was released on 2020-12-17 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.

Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Download or read book The Discourse on Customary International Law written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.

Download or read book Copyright Law Symposium written by Nathan Burkan Memorial Competition and published by Columbia University Press. This book was released on 1997 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featured here are the following prizewinning essays in the 1990 and 1991 ASCAP Nathan Burkan Memorial Competition in copyright law: 19901st Prize: Lee D. Neumann, Columbia University School of Law, "The Berne Convention and Droit de Suite Legislation in the United States".2nd Prize: Michael K. Davis-Hall, Harvard Law School, "Copyright and the Design of Useful Articles: A Functional Analysis of 'Separability.'"3rd Prize: Cynthia D. Mann, Harvard Law School, "The Aesthetic Side of Life: The Applied Art/Industrial Design Dichotomy".4th Prize (tie): Jon Clark, University of Maine School of Law, "Copyright Law and Work for Hire: A Critical History".4th Prize (tie): Ted K. Ringsred, William Mitchell College of Law, "Is Anticompetitive Misuse a Defense to Copyright Infringement?"Honorable Mention: Benjamin R. Seecof, University of California -- Hastings College of the Law, "Scanning Into the Future of Copyrightable Images: Computer-Based Image Processing Poses a Present Threat".19911st Prize: Christine L. Chinni, Western New England College School of Law, "Droit D'Auteur Versus the Economics of Copyright: Implications for American Law of Accession to the Berne Convention".2nd Prize: Jonathan Z. King, Harvard Law School, "The Anatomy of a Jazz Recording: Copyrighting America's Classical Music".3rd Prize: Leslie J. Hagin, University of Texas at Austin School of Law, "A Comparative Analysis of Laws Applied to Fashion Works: Renewing the Proposal for Folding Fashion Works Into the United States Copyright Statute".4th Prize: John Gastineau, Indiana University School of Law, "Bent Fish: Issues of Ownership and Infringement in Digitally Processed Images".5thPrize: Montgomery Frankel, University of San Francisco School of Law, "From Kroft to Shaw, and Beyond: The Shifting Test for Copyright Infringement in the Ninth Circuit".

Download or read book Cinematic perspectives on international law written by Olivier Corten and published by Manchester University Press. This book was released on 2021-04-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed volume consists of an edited collection within the new Melland Schill Guidebooks on International Law (MSGIL) series. In line with the MSGIL objective of inclusiveness, originality, perspectivism and critical thought, the book is the first of an intended series pertaining to perspectives related to the ways in which the arts influence the perception and attitude of the public towards international law, and the manner this affects the discipline, both in terms of its own development and in terms of its social legitimacy. The book contrasts the narratives of international law depicted in cinema and TV productions with the corresponding narratives advanced by legal scholars. It identifies a cognitive dissonance between them and ascertains its implications on general perceptions of international law.

Download or read book A Republic of Statutes written by William N. Eskridge (Jr.) and published by Yale University Press. This book was released on 2010-01-01 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.