Legal Modernism

Legal Modernism
Author: David Luban
Publisher: University of Michigan Press
Total Pages: 421
Release: 2010-05-06
Genre: Law
ISBN: 0472024116

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

Rethinking Islamic Legal Modernism

Rethinking Islamic Legal Modernism
Author: Ron Shaham
Publisher: BRILL
Total Pages: 201
Release: 2018-07-10
Genre: Law
ISBN: 9004369546

In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.

Modernism and the Grounds of Law

Modernism and the Grounds of Law
Author: Peter Fitzpatrick
Publisher: Cambridge University Press
Total Pages: 276
Release: 2001-05-02
Genre: Law
ISBN: 9780521002530

This book argues that law is both derived from and constitutive of surrounding cultural contexts.

Modernism and Copyright

Modernism and Copyright
Author: Paul K. Saint-Amour
Publisher: OUP USA
Total Pages: 400
Release: 2011-01-27
Genre: Language Arts & Disciplines
ISBN: 0199731535

How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

Modernism and the Meaning of Corporate Persons

Modernism and the Meaning of Corporate Persons
Author: Lisa Siraganian
Publisher: Oxford University Press
Total Pages: 287
Release: 2020-11-19
Genre: Literary Criticism
ISBN: 0192639633

Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.

American Legal Thought from Premodernism to Postmodernism

American Legal Thought from Premodernism to Postmodernism
Author: Stephen M. Feldman
Publisher: Oxford University Press
Total Pages:
Release: 2000-01-20
Genre: Law
ISBN: 0190283165

The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Law after Modernity

Law after Modernity
Author: Sionaidh Douglas-Scott
Publisher: A&C Black
Total Pages: 648
Release: 2014-07-18
Genre: Law
ISBN: 1782251200

How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

Criminal Law and the Modernist Novel

Criminal Law and the Modernist Novel
Author: Rex Ferguson
Publisher: Cambridge University Press
Total Pages: 223
Release: 2013-07-08
Genre: Literary Criticism
ISBN: 1107354889

The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of nonexperience – one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such nonexperience colours the overlapping relationship between law and literary modernism. Chapters on E. M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insight to scholars and students of twentieth-century literature, cultural studies, and the history of law and philosophy.

Legal Modernism in Iraq

Legal Modernism in Iraq
Author: Fatima Agha Al-Hayani
Publisher:
Total Pages: 408
Release: 1993
Genre: Domestic relations
ISBN: