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Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135
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Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135
Get Book
Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author: Michael Hanne
Publisher: Cambridge University Press
ISBN: 1108422799
Category : Law
Languages : en
Pages : 439
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Book Description
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Author: David Gurnham
Publisher: Wiley-Blackwell
ISBN: 9781119266822
Category : Law
Languages : en
Pages : 0
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Book Description
Law’s Metaphors: Interrogating Languages of Law, Justice and Legitimacy presents a series of essays that reveal how metaphors for terms relating to the theory and practice of law are utilized in legal texts, literary works, and in our popular imagination. Represents an innovative approach to interdisciplinary legal scholarship Features new developments in theorizing law’s relations with language, society, and culture Includes contributions from European and North American scholars across several relevant disciplines Reveals the prevalence and power of the use of metaphors in the legal profession and in the popular imagination
Author: Michael Hanne
Publisher: Cambridge University Press
ISBN: 1108397271
Category : Law
Languages : en
Pages : 440
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Book Description
It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.
Author: Sofie Møller
Publisher: Cambridge University Press
ISBN: 1108498493
Category : History
Languages : en
Pages : 211
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Book Description
This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.
Author: Inesa Šeškauskienė
Publisher: Cambridge Scholars Publishing
ISBN: 152757864X
Category : Language Arts & Disciplines
Languages : en
Pages : 260
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Book Description
This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.
Author: Stefan Larsson
Publisher: Stefan Larsson
ISBN: 9172673354
Category :
Languages : en
Pages : 265
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Book Description
Author: Brad Pasanek
Publisher: JHU Press
ISBN: 1421416891
Category : Literary Criticism
Languages : en
Pages : 391
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Book Description
A pathbreaking introduction to eighteenth-century metaphors of the mind that recasts the grand narrative of the Enlightenment in terms of its tropes and figures. An encyclopedic dictionary along the lines of Voltaire’s classic Dictionnaire Philosophique, Metaphors of Mind provides an in-depth look at the myriad ways in which Enlightenment writers used figures of speech to characterize the mind. Drawn from Brad Pasanek’s massive online archive, http://metaphorized.net, this volume constitutes a veritable treasury of mental metaphorics. Dividing the book into eleven broad metaphorical categories—Animals, Coinage, Court, Empire, Fetters, Impressions, Inhabitants, Metal, Mirror, Rooms, and Writing—Pasanek maps out constellations of metaphors. He frames his collection of literary excerpts in each section with a more descriptive and theoretical discussion of what he calls “desultory reading,” a form of unsystematic perusal of writing frequently employed by Enlightenment thinkers. By surveying the printed past alongside the digital present, the book treats eighteenth-century writing as its topic while essentially exemplifying its rhetorical approach. More than an exercise in quotation, this intellectual history offers illuminating readings of fragmentary literary works and confrontations with neoclassical and contemporary theories of metaphor. The book’s entries complicate received ideas about Locke’s blank slate, question M. H. Abrams’ claims about mirrors and lamps, and chart changing frequencies of metal metaphors in a moment of industrial revolution. The book also responds to current anxieties about reading and the mass digitization of literature, touching on recent discussions of “distant reading,” “shallow reading,” and “surface reading.” Promoting critical and creative anachronism, Metaphors of Mind redefines the notion of an archive in the age of Amazon and Google Books.
Author: Salvatore Mancuso
Publisher: Routledge
ISBN: 9780367747961
Category : Culture and law
Languages : en
Pages : 0
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Book Description
Introduction / Salvatore Mancuso -- Analogies and figures of speech in food and law : the fun side of law! / Christa Rautenbach -- Le droit louisianais, un gombo qui s'offre en partage / Olivier Moréteau -- Les ingrédients et les recettes de la cuisine juridique québécoise : entre mixité et pluralité / Matthieu Juneau -- Involvement of Polish legal elites in preparing a new draft of Civil Code, seen as an intellectual feast : menu a la carte or fast food? / Michał Gałędek and Anna Klimaszewska -- Globalization, Americanization, and the epidemic of human obesity : finding the legal reason for a symptom of cultural decline / Joseph P. Garske -- The new prisoner's dilemma : the right to refuse feeding or force-feeding as a duty? / Fabio Ratto Trabucco -- Food as punishment, food as dignity : the legal treatment of food in prison / Maria Chiara Locchi -- 'Elusive and fugitive' : relationships between water, law, culture and survival / Francine Rochford -- Does the EU legislation on the protection of farm animals protect their welfare?/ Moa Näsström -- Intellectual property law : Europe adopts a European patent with unitary effect and unified patent court / Alice Pezard -- La procédure participative avec avocat, un nouveau mode de règlement amiable des litiges au service du consommateur?/ Sylvie Bissaloué -- Product liability from a comparative perspective : what kinds of protection?/ Domitilla Vanni di San Vincenzo.
Author: Stefan Larsson
Publisher: Oxford University Press
ISBN: 0190650389
Category : Law
Languages : en
Pages : 273
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Book Description
"This book makes a significant contribution to sociolegal analysis and also represents a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both ‘conceptual path dependence’, normative implications of reusing already established concepts for new phenomena, as well as what is called non-legislative developments in the law. The analysis draws from conceptual studies of ‘property’ in intellectual property, and shows how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Moreover, through an analysis of the concept of ‘copy’ in copyright as well as the Swedish court case against the founders of the BitTorrent site The Pirate Bay, the author shows the historical and embodied dependence of digital phenomena in law, and the significance of metaphorical framing (for example, was The Pirate Bay a ‘platform’, a ‘storage service’ or a ‘bulletin board’?). The contribution is thereby relevant for how to understand the conceptual and regulatory dynamics of a multitude of contemporary sociodigital phenomena in addition to copyright and file-sharing. On an overarching level, it is here argued that the conceptual battles to define the Internet, as well as the implications of digital development, are significant battles for the role of law in society. There are conceptions in, and underlying, both law and digital architecture—that is, in the code." -- Publisher's website.
