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In the wake of current criticisms of the legal profession, Peter Goodrich presents us with a radical alternative vision of the law. He examines past legal systems offering up the possibility of a more humane system.
Law --- Jurisprudence. --- Courts of love. --- Critical legal studies. --- Law and literature. --- Literature and law --- Literature --- Critical legal studies movement --- Critical theory --- Sociological jurisprudence --- Cours d'amour --- Love, Courts of --- Courts and courtiers --- Chivalry --- Courtly love --- Legal history --- History. --- Philosophy --- History and criticism
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The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
Symbolism in law. --- Emblem books. --- Law and art. --- Devices (Heraldry) --- Emblems. --- Illustrated books --- Legal symbolism --- Symbolism, Legal --- Law --- Heraldry --- Signs and symbols --- Symbolism --- Arms, Coats of --- Coats of arms --- Devices --- Heraldic devices --- Printers' marks --- Art --- Art and law --- Collectors and collecting --- Law and legislation --- Iconography --- History of civilization --- emblem books --- symbols --- emblems [allegorical pictures] --- anno 1500-1599 --- anno 1600-1699 --- General and Others
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Peter Goodrich looks beyond Judge Schreber's mental health to evaluate his jurisprudential theory. Goodrich analyses Schreber's Memoirs, interpreters and intellectual context to show how Schreber challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.
Jurisprudence --- Law --- Philosophy. --- Philosophy --- Schreber, Daniel Paul, --- Schreber, Paul, --- Judges --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Courts --- Legal status, laws, etc. --- Officials and employees --- Denkwürdigkeiten eines Nervenkranken (Schreber, Daniel Paul) --- Germany. --- Memoirs of my nervous illness (Schreber, Daniel Paul) --- Alemania --- Ashkenaz --- BRD --- Bu̇gd Naĭramdakh German Uls --- Bundesrepublik Deutschland --- Deutsches Reich --- Deutschland --- Doitsu --- Doitsu Renpō Kyōwakoku --- Federal Republic of Germany --- Federalʹna Respublika Nimechchyny --- FRN --- German Uls --- Germania --- Germanii︠a︡ --- Germanyah --- Gjermani --- Grossdeutsches Reich --- Jirmānīya --- KhBNGU --- Kholboony Bu̇gd Naĭramdakh German Uls --- Nimechchyna --- Repoblika Federalin'i Alemana --- República de Alemania --- República Federal de Alemania --- Republika Federal Alemmana --- Vācijā --- Veĭmarskai︠a︡ Respublika --- Weimar Republic --- Weimarer Republik --- Germany (East) --- BuÌgd NaiÌramdakh German Uls --- Deguo --- Doitsu RenpoÌ KyoÌwakoku --- Federalʹna Respublika Nimechchyny --- GeÌrman --- Germaniiï¸ a︡ --- JirmaÌniÌya --- Kholboony BuÌgd NaiÌramdakh German Uls --- RepuÌblica de Alemania --- RepuÌblica Federal de Alemania --- VaÌcijaÌ --- VeiÌmarskaiï¸ a︡ Respublika --- Germany (West) --- Europe --- Gėrman
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Taking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi , the figure or depiction that motivates judgment. Drawing upon the history of legal humanism, and particularly the tradition of juristic emblems, it is argued that an adequate understanding of case law rules and decisions requires attention to the imagery that conceives and propels the reasoned deliberation that follows. To adequately apprehend the transmission of law in a digital age requires acknowledging that images think differently, that the ambulation of the eye in the image is very different to the linear glance of the text.
Law and art. --- Copyright --- Copyright. --- Art --- Art and law --- Literary property --- Property, Literary --- Intangible property --- Intellectual property --- Anti-copyright movement --- Authors and publishers --- Book registration, National --- Patent laws and legislation --- Law and art --- Art. --- Collectors and collecting --- Law and legislation
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This book deals with all aspects of the Merlin legend, from its origins to its expression in medieval and modern literature, film, and popular culture. Two of the reprinted essays are translated into English for the first time.
Arthurian romances --- Wizards in literature. --- History and criticism. --- Merlin --- Marzhin --- Meardon --- Merlí --- Merlijn --- Merlijn Ambrosius --- Merlim --- Merlin Ambrosius --- Merlino --- Merlino Ambrosio --- Merlin Caledonensis --- Merlin l'Enchanteur --- Merlins --- Merlinus --- Merlyn --- Merzhin --- Myrddin --- Myrddin Emrys --- In literature. --- Merlin (Legendary character) in literature. --- Merlin (Legendary character)
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"Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842-1911), a Chamber President of the German Supreme Court who was confined to a mental asylum after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber's visions, desires, jurisprudence and theology. Far from ending the Judge's legal investments, however, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber's experience of bodily change and his account of interior life has been the subject of over a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the Judge's desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and their contributing authors set out to unfold Schreber's complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transitional and transgressional text that has challenged law and heteronormativity."--
Judges --- Jurisprudence --- Law --- Schreber, Daniel Paul, --- Denkwürdigkeiten eines Nervenkranken (Schreber, Daniel Paul) --- Germany. --- Judge Schreber. --- clinic and critique. --- law and gender. --- law and psychoanalysis. --- psychotheology. --- queer legal theory. --- transgender. --- Judges. --- Jurisprudence.
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This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.
Critical legal studies. --- Law --- Postmodernism. --- Post-modernism --- Postmodernism (Philosophy) --- Arts, Modern --- Avant-garde (Aesthetics) --- Modernism (Art) --- Philosophy, Modern --- Post-postmodernism --- Jurisprudence --- Critical legal studies movement --- Critical theory --- Sociological jurisprudence --- Philosophy. --- Law - Philosophy
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Explores the connections between psychoanalysis and law.
Law --- Psychoanalysis. --- Psychology --- Psychology, Pathological --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Jurisprudence --- Philosophy. --- Psychological aspects. --- Psychoanalysis --- Philosophy --- Psychological aspects
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Examines the complex and varied interactions between law and the different visual media produced by changing technologiesIn this volume, international specialists from new and established domains of law, media, film and virtual studies address the emergence of the jurist in the era of digital transmission. Examining the jurisprudence of new visual technologies – from the cinema of the early twentieth century to the social media of our own time – this volume explores the multiple intersections of these visual technologies and the law from the theoretical insight they generate to the nature of law to the impact they have on doctrinal development.Part One tracks the media, the technologies and apparatuses of modern law. It looks specifically at the acoustics of architecture, emblematic texts, films of trials, the prohibition of cameras in courtrooms and the rules of contempt, televised reporting of law, and the multiple fora and chat rooms of Facebook, vblogs, #hashtag law and the mobile-optimised web. Part Two examines the jurisprudential questions raised by new visual and virtual reality technologies of the 21st century. Will social media lead to social law? The force of legal remediation? Virtual courts and online judges? Paperless trials? Electronic discovery? All of these developments impact how we conceive of the practice of law.Key FeaturesIncludes an international range of contributions and coverage, from the United States and Europe to the Middle East and ChinaPresents a firm historical foundation for considering the connections between law and new forms of mediaIncludes a range of contributions from established scholars and promising new voices in the fieldExamines a wide range of new media, from online platforms to virtual realityContributorsMichele Castaneda, Brown UniversityEmanuele Coccia, EHSS ParisChristian Delage, Université Paris 8 & Director of IHTPClaire Demoulin, Université Paris 8 & IHTPDaniela Gandorfer, Princeton UniversityPeter Goodrich, Cardozo Law and NYU Abu DhabiThibaud Guichard, Université Paris 8Christopher Hutton, University of Hong KongWilliam MacNeil, Southern Cross UniversityAntoine Rocipon, Université Paris 8 & IHTPRaja Sakrani, University of BonnLaurent de Sutter, University of BrusselsMarco Wan, University of Hong Kong
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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
Law --- Philosophy. --- Agamben, Giorgio, --- Derrida, Jacques --- Influence. --- Agamben. --- Derrida. --- critique. --- deconstruction. --- interpretation. --- oikonomia.
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