Artefacts of Legal Inquiry

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Release : 2021-08-26
Genre : Law
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Book Rating : 046/5 ( reviews)

Artefacts of Legal Inquiry - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Artefacts of Legal Inquiry write by Maksymilian Del Mar. This book was released on 2021-08-26. Artefacts of Legal Inquiry available in PDF, EPUB and Kindle. What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.

Artefacts of Legal Inquiry

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Author :
Release : 2020-02-20
Genre : Law
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Book Rating : 19X/5 ( reviews)

Artefacts of Legal Inquiry - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Artefacts of Legal Inquiry write by Maksymilian Del Mar. This book was released on 2020-02-20. Artefacts of Legal Inquiry available in PDF, EPUB and Kindle. Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.

Legal Fictions in Private Law

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Release : 2022-01-06
Genre : Law
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Book Rating : 473/5 ( reviews)

Legal Fictions in Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Fictions in Private Law write by Liron Shmilovits. This book was released on 2022-01-06. Legal Fictions in Private Law available in PDF, EPUB and Kindle. Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.

Judicial Rhapsodies

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Release : 2023-02-28
Genre : Law
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Book Rating : 476/5 ( reviews)

Judicial Rhapsodies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Rhapsodies write by Doug Coulson. This book was released on 2023-02-28. Judicial Rhapsodies available in PDF, EPUB and Kindle. All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University

Taking Law Seriously

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Release : 2022-01-27
Genre : Law
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Book Rating : 74X/5 ( reviews)

Taking Law Seriously - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Taking Law Seriously write by James Goudkamp. This book was released on 2022-01-27. Taking Law Seriously available in PDF, EPUB and Kindle. This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.