Modernism and the Grounds of Law

Modernism and the Grounds of Law PDF

Author: Peter Fitzpatrick

Publisher: Cambridge University Press

Published: 2001-05-02

Total Pages: 276

ISBN-13: 9780521002530

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This book argues that law is both derived from and constitutive of surrounding cultural contexts.

Legal Modernism

Legal Modernism PDF

Author: David Luban

Publisher: University of Michigan Press

Published: 1997-09-26

Total Pages: 424

ISBN-13: 9780472084395

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A critique and defense of modern legal theory

Law as Resistance

Law as Resistance PDF

Author: Peter Fitzpatrick

Publisher: Routledge

Published: 2008

Total Pages: 0

ISBN-13: 9780754626855

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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.

Law after Modernity

Law after Modernity PDF

Author: Sionaidh Douglas-Scott

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 648

ISBN-13: 1782251200

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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.

The Affective Life of Law

The Affective Life of Law PDF

Author: Ravit Pe'er-Lamo Reichman

Publisher: Stanford Law Books

Published: 2009

Total Pages: 240

ISBN-13:

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Woolf and the lesson of torts -- The strange character of law -- Property and carrying on -- Committed to memory : Rebecca West's Nuremberg -- From witness to neighbor : Arendt's Eichmann

Literary Obscenities

Literary Obscenities PDF

Author: Erik M. Bachman

Publisher: Penn State Press

Published: 2018-03-14

Total Pages: 209

ISBN-13: 0271081694

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This comparative historical study explores the broad sociocultural factors at play in the relationships among U.S. obscenity laws and literary modernism and naturalism in the early twentieth century. Putting obscenity case law’s crisis of legitimation and modernism’s crisis of representation into dialogue, Erik Bachman shows how obscenity trials and other attempts to suppress allegedly vulgar writing in the United States affected a wide-ranging debate about the power of the printed word to incite emotion and shape behavior. Far from seeking simply to transgress cultural norms or sexual boundaries, Bachman argues, proscribed authors such as Wyndham Lewis, Erskine Caldwell, Lillian Smith, and James T. Farrell refigured the capacity of writing to evoke the obscene so that readers might become aware of the social processes by which they were being turned into mass consumers, voyeurs, and racialized subjects. Through such efforts, these writers participated in debates about the libidinal efficacy of language with a range of contemporaries, from behavioral psychologists and advertising executives to book cover illustrators, magazine publishers, civil rights activists, and judges. Focusing on case law and the social circumstances informing it, Literary Obscenities provides an alternative conceptual framework for understanding obscenity’s subjugation of human bodies, desires, and identities to abstract social forces. It will appeal especially to scholars of American literature, American studies, and U.S. legal history.

Modernism and the Meaning of Corporate Persons

Modernism and the Meaning of Corporate Persons PDF

Author: Lisa Siraganian

Publisher: Oxford University Press

Published: 2020-11-19

Total Pages: 287

ISBN-13: 0192639633

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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.

Modernism and Copyright

Modernism and Copyright PDF

Author: Paul K. Saint-Amour

Publisher: OUP USA

Published: 2011-01-27

Total Pages: 400

ISBN-13: 0199731535

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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.

Postmodern Legal Movements

Postmodern Legal Movements PDF

Author: Gary Minda

Publisher: NYU Press

Published: 1996-05-01

Total Pages: 363

ISBN-13: 0814761011

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A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.