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book (8)


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English (8)


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2016 (8)

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Book
Fables of the Law : Fairy Tales in a Legal Context
Authors: ---
ISBN: 3110493500 3110496682 9783110496680 9783110496697 3110496690 3110494728 Year: 2016 Publisher: Berlin ; Boston : De Gruyter,

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Abstract

The latest development concerning the metaphorical use of the fairy tale is the legal perspective. The law had and has recourse to fairy tales in order to speak of the nomos and its subversion, of the politically correct and of the various means that have been used to enforce the law. Fairy tales are a fundamental tool to examine legal procedures and structures in their many failings and errors. Therefore, we have privileged the term "fables" of the law just to stress the ethical perspective: they are moral parables that often speak of justice miscarried and justice sought.Law and jurists are creators of "fables" on the view that law is born out of the facts (ex facto ius oritur) so that there is a need for narrative coherence both on the level of the case and the level of legislation (or turned the other way around: what does it mean if no such coherence is found?). This is especially of interest given the influx of all kinds of new technologies that are "fabulous" in themselves and hard to incorporate in traditional doctrinal schemes and thus in the construction of a new reality.


Book
Literature and criminal justice in antebellum America
Author:
ISBN: 9781625342386 9781613764732 1613764731 9781625342379 1625342373 1625342381 Year: 2016 Publisher: Amherst : University of Massachusetts Press,


Book
Law and literature
Author:
ISBN: 9789004304345 9004304355 9789004304352 9004304347 Year: 2016 Publisher: Leiden, The Netherlands ; Boston : Brill Nijhoff,

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María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.


Book
Law, literature, and the transmission of culture in England, 1837-1925
Author:
ISBN: 1351922645 1315250632 1283148919 9786613148919 0754698645 9780754698647 9781409400141 140940014X 113826055X Year: 2016 Publisher: London : Routledge,

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Focusing on the rhetoric of the last will and testament, Cathrine O. Frank examines novels alongside actual wills, legal manuals, case law, and contemporary accounts of wills in periodicals. Her analysis of works by such authors as Emily Brontë, Charles Dickens, Wilkie Collins, and John Galsworthy shows how these related discourses competed to structure a social order based on the self-determining individual's relationship to a community and its commodified culture.


Book
Practice extended
Author:
ISBN: 0231540590 9780231540599 0231175361 9780231175364 9780231175364 Year: 2016 Publisher: New York

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Written by a renowned literary critic and legal historian, Practice Extended illuminates the intricacies of legal language and thought and the law's relationship to society, literature, and culture. Robert A. Ferguson details how judicial opinions are written, how legal thought and philosophy inform ideas, and how best to appreciate a courtroom novel. With chapters touching on a wide range of subjects, including immigration, eloquence, the U.S. Constitution, and the Supreme Court case over James Joyce's Ulysses, Practice Extended provides an ambitious argument for the importance of language in law and a much-needed analysis of the often vexed relationship between law and literature.Ferguson challenges the notion of law as a hermetic enterprise only accessible to experts. He reveals the discipline's relationships to history, religion, philosophy, psychology, anthropology, and the visual arts, offering a rich account of how the law has shaped and has been shaped by communal thought. He also recognizes the critical role of literature and other outside views in showcasing the social problems that law takes up. Practice Extended reflects Ferguson's crucial role as a pioneer in developing the field of law and literature. His writing reminds us of the need for a critical approach to the law that draws on the insights of literature to better understand political and legal history and the documents, laws, and arguments that shape our present. At the same time, this volume also showcases the ways in which the law has been integrated into works of literature, from Billy Budd to contemporary courtroom thrillers.


Book
Literary trials : exceptio artis and theories of literature in court
Author:
ISBN: 9781501303197 1501303198 9781501303173 1501303171 9781501303180 150130318X 9781501303180 9781501303203 1501303201 1501334875 Year: 2016 Publisher: New York : Bloomsbury Academic,

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"From the 19th century onwards, famous literary trials have caught the attention of readers, academics and the public at large. Indeed it is striking that more often than not, it was the texts of renowned writers that were dealt with by the courts, as for example Gustave Flaubert's Madame Bovary and Charles Baudelaire's Les Fleurs du Mal in France, James Joyce's Ulysses and Henry Miller's Tropic of Cancer in the US, D.H. Lawrence's Lady Chatterley's Lover in Great-Britain, up to the more recent trials on Klaus Mann's Mephisto and Maxim Biller's novel Esra in Germany.By bringing together international leading experts, Literary Trials represents the first step towards a systematic discussion of literary trials on a global scale. Beginning by first reassessing some of the most famous of these trials, it then analyses less well-known but significant literary trials. Special attention is paid to recent developments in the relationship between literature and judicature, pointing towards an increasing role for libel and defamation in the societal demarcation of what literature is, and is not, allowed to do."--


Book
A culture of rights : law, literature, and Canada
Author:
ISBN: 1442625805 9781442625808 9781442631878 1442631872 9781442625792 1442625791 1442625813 Year: 2016 Publisher: Toronto University of Toronto Press

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"With the passage into law of the Canadian Charter of Rights and Freedoms in 1982, rights took on new legal, political, and social significance in Canada. In the decades following, Canadian jurisprudence has emphasised the importance of rights, determining their shape and asserting their centrality to legal ideas about what Canada represents. At the same time, an increasing number of Canadian novels have also engaged with the language of human rights and civil liberties, reflecting, like their counterparts in law, the possibilities of rights and the failure of their protection. In A Culture of Rights, Benjamin Authers reads novels by authors including Joy Kogawa, Margaret Atwood, Timothy Findley, and Jeanette Armstrong alongside legal texts and key constitutional rights cases, arguing for the need for a more complex, interdisciplinary understanding of the sources of rights in Canada and elsewhere. He suggests that, at present, even when rights are violated, popular insistence on Canada's rights-driven society remains. Despite the limited scope of our rights, and the deferral of more substantive rights protections to some projected, ideal Canada, we remain keen to promote ourselves as members of an entirely just society."--


Book
Dostoevsky's legal and moral philosophy
Author:
ISBN: 9789004325418 9789004325425 9004325425 9004325417 Year: 2016 Publisher: Leiden Boston

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This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky’s legal and moral philosophy. The author connects Dostoevsky’s objections to Russia’s acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky’s vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky’s conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky’s analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.

Keywords

Law and literature --- Law. --- Law and literature. --- Literature and law --- Literature --- Acts, Legislative --- Enactments, Legislative --- Law --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- History --- Regions --- Dostoyevsky, Fyodor, --- Dāstavaskī, --- Dāstāyivskī, --- Dastoyaveski, Fiyodar, --- Dostoevski, F., --- Dostoevskiĭ, F. M. --- Dostoevskiĭ, Fedor, --- Dostoevskiĭ, Fedor Mikhaĭlovich, --- Dostoevskij, Fedor, --- Dostoevsky, F. M. --- Dostoevsky, Fedor, --- Dostoevsky, Fyodor, --- Dostogephskē, Th., --- D̲ostogephski, --- D̲ostogiephski, Ph. M., --- D̲ostogiephsky, Phiontor Michaēlovits, --- D̲ostogievskē, Phiontor, --- Dostoievski, Fedor, --- Dostoievski, Fédor Mikhailovitch, --- Dostoievski, Fiodor, --- Dostoievsky, F., --- Dostoïevsky, Fédor, --- Dostoïevsky, Th. M., --- Dostoiewskij, --- Dostojevski, F. M., --- Dostojevskij, F. M., --- Dostojevskij, Fedor Michajlovič, --- Dostojevskij, Fjodor, --- Dostojevskis, F., --- Dostojevskis, Fjodors, --- Dostojewski, --- Dostojewski, Fiodor, --- Dostojewski, Fjedor Michailowitsch, --- Dostojewski, Fjodor, --- Dostojewski, Teodor, --- Dostojewskij, F. M. --- Dostojewskij, Fjodor M., --- Dostojewsky, --- Dosṭoyeṿsḳi, F. M., --- Dosṭoyevsḳi, Fyodor, --- Dosṭoyevsḳi, Fyodor Mikhailovits', --- Dostoyewski, Fedor, --- Dosztojevszkij, F. M. --- Dosztojevszkij, Fjodor Mihajlovics, --- Dusituoyefusiji, --- Dustūyafskī, Fīdūr, --- Tāstayēvski, K̲apiyōtar, --- Tʻo-ssu-tʻo-yeh-fu-ssu-chi, --- Tu-ssu-tʻo-yeh-fu-ssu-chi, --- Tuosituoyefusiji, --- Zuboskal, --- ドストエフスキー --- Criticism and interpretation. --- 1800-1899 --- Russia. --- 1917 --- Rosja --- Rossīi͡ --- Rossīĭskai͡a Imperīi͡ --- Ṛusastan --- Russian Empire --- Russie --- Russland --- Dostoevskij, Fëdor Mihajlovič --- Dostoevskij, Fjodor Mihajlovič --- Dostoevskij, Fedor Mikhajlovich --- Dostojevski, Fjodor Michajlovitsj --- Dostojewski, Fedor --- Dostojevski, Fedor --- Dostojewski, Fjodor --- Dostojevski, Fjodor --- Dostojewski, Fjodor Michailowitsj --- Dostojewskij, Fjodor M. --- Dostoïevski, Fiodor --- Dostoïevsky, Fedor Mihajlovic --- Достоевский, Федор, --- דאםטאיעווםקי, פ. --- דאסטאיעווסקי, פ. --- דאסטאיעווסקי, פ. מ. --- דאסטאיעווסקי, פ. מ., --- דאסטאיעוועסקי, פ. --- דאסטאיעװסקי, פ.מ --- דאסטאיעװסקי, פ., --- דוסטויבסקי --- דוסטויבסקי, פדור מיכאילוביץ --- דוסטויבסקי, פיודור מיכאילוביץ, --- דוסטויבסקי, פיודור ניכילוביץ' --- דוסטויבסקי, פיודור, --- דוסטויבסקי, פי., --- דוסטויבסקי, פ. מ., --- דוסטויבסקי, ת. ד. --- דוסטוייבסקי, פיודור --- דוסטוייבסקי, פיודור, --- 陀司妥也夫斯基, --- 陀思妥也夫斯基, --- 陀思妥耶夫斯基, --- F. ドストエフスキー, --- Rossīi︠a︡ --- Rossīĭskai︠a︡ Imperīi︠a︡ --- Russia --- Dostojevskij, Michaljovič, --- Dostoyevsky, Fyodor Mikhail,

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