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Law, Language and Translation: From Concepts to Conflicts (SpringerBriefs in Law)
by Rosanna Masiola Renato TomeiThis book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean ‘conflicting interpretations’ engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as ‘rustling, duffing, raiding, stock theft, lifting and predatorial larceny.’ Crime and punishment are differently perceived depending on cultures and legal systems: ‘Captain Starlight’ was a legendary ‘duffer’; in India ‘lifting’ a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing ‘unequal treaties’ (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the ‘trail of broken treaties’), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).
Law, Literature and the Power of Reading: Literalism and Photography in the Nineteenth Century
by Suneel MehmiAt the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalized. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.
Law, Literature and the Power of Reading: Literalism and Photography in the Nineteenth Century
by Suneel MehmiAt the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalized. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.
Law, Literature, and Violence Against Women: Ending the Victim Blame Game
by Erin L. KelleyThis book engages legal and literary texts in order to examine acquaintance crimes, such as rape, sexual harassment, stalking, and domestic abuse, and to challenge how the victim’s physical or psychological "freeze response" is commonly and inaccurately mistaken for her consent.Following increased interest in the #MeToo movement and the discoveries of sexual abuse by numerous public figures, this book analyzes themes in law and literature that discredit victims and protect wrongdoers. Interpreting a present-day novel alongside legislation and written court cases, each chapter pairs a fictional text with a nonfictional counterpart. In these pairings, the themes, events, and arguments of each are carefully unpacked and compared against one another. As the cross-readings unfold, we learn that a victim does not "ask for it," and she should not arouse suspicions just because she does not fight, run away, or report the crime. Instead, and as this book demonstrates, the more common and most practical response is to become physically and mentally paralyzed by fear; the victim dissociates, shuts down, and remains stuck in the fright and captivity of abuse.This book will interest scholars and students working in, and especially at the intersection of, law, literature, gender studies, and criminology.
Law, Literature, and Violence Against Women: Ending the Victim Blame Game
by Erin L. KelleyThis book engages legal and literary texts in order to examine acquaintance crimes, such as rape, sexual harassment, stalking, and domestic abuse, and to challenge how the victim’s physical or psychological "freeze response" is commonly and inaccurately mistaken for her consent.Following increased interest in the #MeToo movement and the discoveries of sexual abuse by numerous public figures, this book analyzes themes in law and literature that discredit victims and protect wrongdoers. Interpreting a present-day novel alongside legislation and written court cases, each chapter pairs a fictional text with a nonfictional counterpart. In these pairings, the themes, events, and arguments of each are carefully unpacked and compared against one another. As the cross-readings unfold, we learn that a victim does not "ask for it," and she should not arouse suspicions just because she does not fight, run away, or report the crime. Instead, and as this book demonstrates, the more common and most practical response is to become physically and mentally paralyzed by fear; the victim dissociates, shuts down, and remains stuck in the fright and captivity of abuse.This book will interest scholars and students working in, and especially at the intersection of, law, literature, gender studies, and criminology.
The Law of Ancient Athens: Law Of Ancient Athens (Law And Society In The Ancient World)
by David PhillipsThe Law of Ancient Athens contains the principal literary and epigraphical sources, in English, for Athenian law in the Archaic and Classical periods, from the first known historical trial (late seventh century) to the fall of the democracy in 322 BCE. This accessible and important volume is designed for teachers, students, and general readers interested in the ancient Greek world, the history of law, and the history of democracy, an Athenian invention during this period. Offering a comprehensive treatment of Athenian law, it assumes no prior knowledge of the subject and is organized in user-friendly fashion, progressing from the person to the family to property and obligations to the gods and to the state. David D. Phillips has translated all sources into English, and he has added significant introductory and explanatory material. Topics covered in the book include homicide and wounding; theft; marriage, children, and inheritance; citizenship; contracts and commerce; impiety; treason and other offenses against the state; and sexual offenses including rape and prostitution. The volume’s unique feature is its presentation of the actual primary sources for Athenian laws, with many key or disputed terms rendered in transliterated Greek. The translated sources, together with the topical introductions, notes, and references, will facilitate both research in the field and the teaching of increasingly popular courses on Athenian law and law in the ancient world.
The Law of Desire: On Lacan’s 'Kant with Sade’ (The Palgrave Lacan Series)
by Dany NobusThis book offers the first comprehensive discussion of Lacan’s Kant with Sade, an essay widely recognised as one of his most important and difficult texts. Here, the reader will find a detailed roadmap for each section of the essay, including clarifications of the allusions, implicit borrowings and references in Lacan’s text, unique insights into the essay’s publication history, and a critical assessment of its reception. The author expertly defines key terms, explains complex theoretical arguments, and contextualises the work within a larger philosophical discourse. No prior knowledge of Lacan, Kant or Sade is assumed, allowing both newcomers and those who are well-versed in psychoanalysis, philosophy, and literary criticism to benefit from the book. This engaging book clears the path for a long overdue re-discovery and a proper appreciation of one of Lacan’s most challenging works, inspiring a renewed debate on the significance of Lacanian psychoanalysis for moral philosophy and literary theory.
The Law of Public Communication: 2016 Update
by William E. Lee Kent R. Middleton Daxton R. Stewart Jonathan PetersUpdated to reflect new developments through 2019, the tenth edition of The Law of Public Communication provides an overview of communication and media law that includes the most current legal developments. The Law of Public Communication explains the laws affecting the daily work of writers, broadcasters, PR practitioners, photographers, and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This new edition features color photos, as well as breakout boxes that apply the book’s principles to daily life. The new case studies discussed often reflect new technologies and professional practices, including hot topics such as cyber bullying, drones, government surveillance, campaign financing, advertising, and digital libel. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. A downloadable test bank is available for instructors at www.Routledge.com/9780367353094
The Law of Public Communication
by William E. Lee Daxton R. Stewart Jonathan PetersThis thoroughly updated classic textbook provides an overview of communication and media law, including the most current legal developments. It explains laws affecting the daily work of writers, broadcasters, public relations practitioners, photographers, bloggers and other public communicators.By outlining statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that readers acquire a firm grasp of the legal issues affecting the media. The book examines legal topics such as libel, privacy, intellectual property, obscenity and access to information, considering the development and current standing of relevant laws and important cases. It examines how these laws affect public, political and commercial communication. The 13th edition covers contemporary U.S. Supreme Court cases, including the true threats case Counterman v. Colorado, the Andy Warhol fair use case and the Jack Daniel's trademark parody case. It also presents the Biden administration's revision of policy on the use of subpoenas and search warrants to uncover reporters' confidential sources along with the gag orders imposed by courts handling criminal and civil trials in which Donald Trump is a defendant. Further cases explored include the attacks by legislatures against the LGBTQ community, exemplified by a Tennessee law banning drag performances, and the emerging issues presented by artificial intelligence and the content moderation policies of social media platforms.The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law.A test bank for instructors is available at www.routledge.com/9781032676388
The Law of Public Communication
by William E. Lee Daxton R. Stewart Jonathan PetersThis thoroughly updated classic textbook provides an overview of communication and media law, including the most current legal developments. It explains laws affecting the daily work of writers, broadcasters, public relations practitioners, photographers, bloggers and other public communicators.By outlining statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that readers acquire a firm grasp of the legal issues affecting the media. The book examines legal topics such as libel, privacy, intellectual property, obscenity and access to information, considering the development and current standing of relevant laws and important cases. It examines how these laws affect public, political and commercial communication. The 13th edition covers contemporary U.S. Supreme Court cases, including the true threats case Counterman v. Colorado, the Andy Warhol fair use case and the Jack Daniel's trademark parody case. It also presents the Biden administration's revision of policy on the use of subpoenas and search warrants to uncover reporters' confidential sources along with the gag orders imposed by courts handling criminal and civil trials in which Donald Trump is a defendant. Further cases explored include the attacks by legislatures against the LGBTQ community, exemplified by a Tennessee law banning drag performances, and the emerging issues presented by artificial intelligence and the content moderation policies of social media platforms.The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law.A test bank for instructors is available at www.routledge.com/9781032676388
The Law of Public Communication: 2017 Update
by Kent R. Middleton William E. Lee Daxton StewartThe Law of Public Communication provides an overview of media law that includes the most current legal developments today. It explains the laws affecting the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, bloggers, and other public communicators. Authors Kent R. Middleton, William E. Lee, and Daxton R. Stewart take students through the basic legal principles and methods of analysis that allow students to study and keep abreast of the rapidly changing field of public communication. By providing statutes and cases in a cohesive manner that is understandable, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This 2017 Update brings the Ninth Edition up to date with the most recent cases and examples affecting media professionals and public communicators.
The Law of Public Communication: 2017 Update
by Kent R. Middleton William E. Lee Daxton StewartThe Law of Public Communication provides an overview of media law that includes the most current legal developments today. It explains the laws affecting the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, bloggers, and other public communicators. Authors Kent R. Middleton, William E. Lee, and Daxton R. Stewart take students through the basic legal principles and methods of analysis that allow students to study and keep abreast of the rapidly changing field of public communication. By providing statutes and cases in a cohesive manner that is understandable, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This 2017 Update brings the Ninth Edition up to date with the most recent cases and examples affecting media professionals and public communicators.
The Law of Public Communication
by Kent R. Middleton William E. Lee Daxton R. StewartNow in its tenth edition, The Law of Public Communication provides an overview of media law that includes the most current legal developments. It explains the laws affecting the daily work of writers, broadcasters, PR practitioners, photographers, and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This new edition features color photos, as well as breakout boxes that apply the book’s principles to daily life. The new case studies discussed often reflect new technologies and professional practices.
Law, Surveillance and the Humanities
by Anne Brunon-Ernst, Jelena Gligorijević, Desmond Manderson and Claire WrobelThe growing sophistication of surveillance practices has given rise to concerns and discussions in the public sphere, but has also provided a popular theme in literature, film and the arts. Bringing together contributors across literary studies, law, philosophy, sociology, and politics, this book examines the use, evolution, legitimacy, and implications of surveillance. Drawing on a range of resources including literary texts, chapters explore key issues such as the use and legitimacy of surveillance to address a global health crisis, the role of surveillance in the experience of indigenous peoples in post-colonial societies, how surveillance interacts with gender race, ethnicity, and social class, and the interaction between technology, surveillance, and changing attitudes to expression. It shows how literature contributes innovative ways of thinking about the challenges posed by surveillance, how philosophy and sociology can help to correct biases and law and politics can offer new approaches to the legitimacy, use and implications of surveillance.
Law, Surveillance and the Humanities
by Anne Brunon-Ernst Jelena Gligorijevic Desmond MandersonThe growing sophistication of surveillance practices has given rise to concerns and discussions in the public sphere, but has also provided a popular theme in literature, film and the arts. Bringing together contributors across literary studies, law, philosophy, sociology, and politics, this book examines the use, evolution, legitimacy, and implications of surveillance. Drawing on a range of resources including literary texts, chapters explore key issues such as the use and legitimacy of surveillance to address a global health crisis, the role of surveillance in the experience of indigenous peoples in post-colonial societies, how surveillance interacts with gender race, ethnicity, and social class, and the interaction between technology, surveillance, and changing attitudes to expression. It shows how literature contributes innovative ways of thinking about the challenges posed by surveillance, how philosophy and sociology can help to correct biases and law and politics can offer new approaches to the legitimacy, use and implications of surveillance.
Law, Truth, and Reason: A Treatise on Legal Argumentation (Law and Philosophy Library #97)
by Raimo SiltalaThis book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski´s three ideologies (bound/free/legal and rational) and Makkonen´s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Lawrence Durrell: The Mindscape
by Richard PineIn this second volume of his study of the Anglo-Irish novelist Lawrence Durrell (following the appearance in 1988 of The Dandy and the Herald: Manners, Mind and Morals from Brummell to Durrell Richard Pine examines in detail Durrell's unique contribution to the development of the modern novel, concentrating in particular on the evidence of Durrell's private notebooks and diaries. Pine's twenty-year friendship with Burrell has resulted in an intimate portrait of a singular mind whose extraordinary career, both as a writer and as a British colonial official, is hallmarked by the creation of 'the Heraldic Universe', an imaginative realm within which the artist reigns supreme.
Laws and Rules in Indo-European
This book examines the operation of laws, rules, and principles in Indo-European, the language family which includes the Celtic, Germanic, Italic/Romance, and Baltic/Slavic subfamilies as well as the predominant languages of Greece, Iran, parts of Southern Asia, and ancient Anatolia. Laws and rules are crucial to Indo-European studies: they constrain the reconstructions and etymologies on which knowledge of the history and prehistory of Indo-European in particular and ancient languages more generally is based, and which allow processes of morphological change, semantic shift, and borrowing to be identified. But these laws and rules require constant reassessment in the light of new evidence, theory, and method. Through a series of case studies re-examining specific laws and rules in the Indo-European language family, this book explores the implications of new insights into language change andof increasing opportunities for attention to chronology and detail in the treatment of primary material. The languages and language families under consideration include Celtic, Germanic, Italic and Romance, Armenian, Greek, and Indo-Iranian languages as well as Proto-Indo-European. Laws and Rules in Indo-European brings together leading scholars from all over the world. It makes a valuable contribution to the understanding of the history of ancient languages and the reconstruction of their ancestors, as well as to research methods.
Law's Documents: Authority, Materiality, Aesthetics
by Katherine Biber Priya Devii Vaughan Trish LukerIlluminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings. In 1951, Suzanne Briet, a librarian at the Bibliotheque Nationale in Paris, famously said that an antelope in a zoo could be a document, thereby radically changing the way documents were analysed and understood. In the fifty years since this pronouncement, the digital age has introduced a potentially limitless range of digital and technological forms for the capture and storage of information. In their multiplicity and their ubiquity, documents pervade our everyday life. However, the material, intellectual, aesthetic and political dimensions and effects of documents remain difficult to pin down. Taking a multidisciplinary and international approach, this collection tackles the question, what is a legal document?, in order to explore the material, aesthetic and intellectual attributes of legal documentation; the political and colonial orders reflected and embedded in documents; and the legal, archival and social systems which order and utilise information. As well as scholars in law, documentary theory, history, Indigenous studies, art history and design theory and practice, this book will also appeal to those working in libraries, archives, galleries and museums, for whom the ongoing challenges of documentation in the digital age are urgent and timely questions.
Law's Documents: Authority, Materiality, Aesthetics
by Katherine Biber, Trish Luker and Priya VaughanIlluminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings. In 1951, Suzanne Briet, a librarian at the Bibliotheque Nationale in Paris, famously said that an antelope in a zoo could be a document, thereby radically changing the way documents were analysed and understood. In the fifty years since this pronouncement, the digital age has introduced a potentially limitless range of digital and technological forms for the capture and storage of information. In their multiplicity and their ubiquity, documents pervade our everyday life. However, the material, intellectual, aesthetic and political dimensions and effects of documents remain difficult to pin down. Taking a multidisciplinary and international approach, this collection tackles the question, what is a legal document?, in order to explore the material, aesthetic and intellectual attributes of legal documentation; the political and colonial orders reflected and embedded in documents; and the legal, archival and social systems which order and utilise information. As well as scholars in law, documentary theory, history, Indigenous studies, art history and design theory and practice, this book will also appeal to those working in libraries, archives, galleries and museums, for whom the ongoing challenges of documentation in the digital age are urgent and timely questions.
Law's Hermeneutics: Other Investigations
by Simone Glanert Fabien GirardBringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
Law's Hermeneutics: Other Investigations
by Simone Glanert Fabien GirardBringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
Law’s Memories (Palgrave Socio-Legal Studies)
by Matt HowardThis book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
The Laws of Cool: Knowledge Work and the Culture of Information
by Alan LiuKnowledge work is now the reigning business paradigm and affects even the world of higher education. But what perspective can the knowledge of the humanities and arts contribute to a world of knowledge work whose primary mission is business? And what is the role of information technology as both the servant of the knowledge economy and the medium of a new technological cool? In The Laws of Cool, Alan Liu reflects on these questions as he considers the emergence of new information technologies and their profound influence on the forms and practices of knowledge.
The Laws of Cool: Knowledge Work and the Culture of Information
by Alan LiuKnowledge work is now the reigning business paradigm and affects even the world of higher education. But what perspective can the knowledge of the humanities and arts contribute to a world of knowledge work whose primary mission is business? And what is the role of information technology as both the servant of the knowledge economy and the medium of a new technological cool? In The Laws of Cool, Alan Liu reflects on these questions as he considers the emergence of new information technologies and their profound influence on the forms and practices of knowledge.