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The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic.
Mapping the New Left Antisemitism: The Fathom Essays provides a comprehensive guide to contemporary Left antisemitism. The rise of a new and largely left-wing form of antisemitism in the era of the Jewish state and the distinction between it and legitimate criticism of Israel are now roiling progressive politics in the West and causing alarming spikes in antisemitic incitement and incidents. Fathom journal has examined these questions relentlessly in the first decade of its existence, earning a reputation for careful textual analysis and cogent advocacy. In this book, the Fathom essays are contextualised by three new contributions: Lesley Klaff provides a map of contemporary antisemitic form...
What calls for thinking about law? What does it mean to think about? What is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of the very notion and process of thinking has destabilising implications for the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics and morality, and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as 'essence', 'thinking', 'language', 'truth' and 'nearn...
New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.
Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in gen...
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.
Ewa Ziarek fully articulates a feminist aesthetics, focusing on the struggle for freedom in women's literary and political modernism and the devastating impact of racist violence and sexism. She examines the contradiction between women's transformative literary and political practices and the oppressive realities of racist violence and sexism, and she situates these tensions within the entrenched opposition between revolt and melancholia in studies of modernity and within the friction between material injuries and experimental aesthetic forms. Ziarek's political and aesthetic investigations concern the exclusion and destruction of women in politics and literary production and the transformat...
This text investigates the Biblical justification for Zionism & charts the historical rise of Zionism since its 19th century roots. Providing a contribution to the argument for a single democratic & secular Israeli state, it shows how the biblical language of 'chosen people' & 'promised land' is used to justify ethnic division & violence.
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.