Fictional Discourse and the Law

2020-05-07

Author : Hans J. Lind
Release : 2020-05-07
Genre :
Kind : eBook
Book Rating : 759/5 ( reviews)

Book Synopsis Fictional Discourse and the Law by : Hans J. Lind

Download or read book Fictional Discourse and the Law written by Hans J. Lind. This book was released on 2020-05-07. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Charles Dickens' law reports to the 2014 Ferguson riots, the volume challenges the prevailing fact-fiction dichotomy in legal theory and practice and provides a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory's endeavor of finding a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students.

Fiction and the Languages of Law

2018-10-10 Language Arts & Disciplines

Author : Karen Petroski
Release : 2018-10-10
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 825/5 ( reviews)

GET EBOOK

Book Synopsis Fiction and the Languages of Law by : Karen Petroski

Download or read book Fiction and the Languages of Law written by Karen Petroski. This book was released on 2018-10-10. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Fictional Discourse and the Law

2020-04-14 Law

Author : Hans J. Lind
Release : 2020-04-14
Genre : Law
Kind : eBook
Book Rating : 612/5 ( reviews)

GET EBOOK

Book Synopsis Fictional Discourse and the Law by : Hans J. Lind

Download or read book Fictional Discourse and the Law written by Hans J. Lind. This book was released on 2020-04-14. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.

Fictions, Lies, and the Authority of Law

2021-09-15 Law

Author : Steven D. Smith
Release : 2021-09-15
Genre : Law
Kind : eBook
Book Rating : 196/5 ( reviews)

GET EBOOK

Book Synopsis Fictions, Lies, and the Authority of Law by : Steven D. Smith

Download or read book Fictions, Lies, and the Authority of Law written by Steven D. Smith. This book was released on 2021-09-15. Available in PDF, EPUB and Kindle. Book excerpt: Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Fictional Discourse

2020-01-30 Philosophy

Author : Stefano Predelli
Release : 2020-01-30
Genre : Philosophy
Kind : eBook
Book Rating : 962/5 ( reviews)

GET EBOOK

Book Synopsis Fictional Discourse by : Stefano Predelli

Download or read book Fictional Discourse written by Stefano Predelli. This book was released on 2020-01-30. Available in PDF, EPUB and Kindle. Book excerpt: Fictional Discourse: A Radical Fictionalist Semantics combines the insight of linguistic and philosophical semantics with the study of fictional language. Its central idea is familiar to anyone exposed to the ways of narrative fiction, namely the notion of a fictional teller. Starting with premises having to do with fictional names such as 'Holmes' or 'Emma', Stefano Predelli develops Radical Fictionalism, a theory that is subsequently applied to central themes in the analysis of fiction. Among other things, he discusses the distinction between storyworlds and narrative peripheries, the relationships between homodiegetic and heterodiegetic narrative, narrative time, unreliability, and closure. The final chapters extend Radical Fictionalism to critical discourse, as Predelli introduces the ideas of critical and biased retelling, and pauses on the relationships between Radical Fictionalism and talk about literary characters.

Popular eBooks

Fictional Discourse and the Law

Fiction and the Languages of Law

Fictional Discourse and the Law

Fictions, Lies, and the Authority of Law

Fictional Discourse

You may also like...