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A Clearing in the Forest
Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic ...
Ghost Dancing with Colonialism
Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.
Getting to Maybe
Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader’s performance. The book begins by describing the difference between educational cultures that praise students for “right answers,” and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don’t stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on e...
Boycott in America
Gary Minda's critical study of boycotts in American law and culture focuses on how the word boycott has developed as a metaphoric, rather than as a rational or logical, form of reasoning. Minda first discusses the history, interpretation, and understanding of boycotts. He then turns to the role of metaphor in the interpretation of boycotts and of boycott law. Drawing on cognitive psychology and linguistic theory, Minda argues that the metaphors judges choose in describing boycotts determine how they view boycotts. One of Minda's major contributions is to show how cognitive theory and the analysis of conceptual metaphors can help to explain the development of the law of boycott. Equally important, Minda provides a unique history of the boycotts in three separate legal fields: labor, antitrust, and constitutional law.
Narrative and Metaphor in the Law
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Marriage and Metaphor
Beginning with the opening of Mishnah Kiddushin, 'A woman is acquired (in marriage)...by money, by document, or by sexual intercourse, ' and using other examples of commercial language applied to marriage across the rabbinic canon, this work demonstrates that rabbis used information from the realm of property and commercial transactions to structure their understanding and reasoning about marriage and gender relations through a metaphor of women as ownable and marriage as a purchase or acquisition
The Digital Person
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Literature and Law
In recent years, there has been a continuing and persistent world-wide interest in the interaction between the two disciplines of law and literature. Although there have been many collections of primary texts that combined these two areas, this volume presents literary analyses and criticism in an attempt to assess the varied relationships between law and justice, between lawyers and clients, and between readers’ perceptions and authors’ intent, hopefully suggesting why they have continually been yoked together. One similarity between the two is that lawyers, like writers, must catch their audience’s attention by novelty of scene, distinctiveness of voice, and ingenuity of design. Furt...
Metaphor and Philosophy
During the last 15 years, cognitive scientists have discovered things about the nature and importance of metaphor that are startling because of their radical implications for metaphor research and because they require us to rethink some of our most fundamental received notions of meaning, concepts, and reason. Many of the theoretical assumptions that guided earlier generations who worked on metaphor have been undermined by this new research, which has profound implications for philosophy. More specifically, the level of methodological sophistication of empirical studies of metaphor has increased markedly, making possible rigorous, detailed analyses of how metaphors actually structure conceptualization and reasoning. In addition, professionals have learned that metaphor is not merely a linguistic phenomenon but more fundamentally a conceptual and experiential process that structures the world. The articles in this special issue make significant contributions to these advances.
