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Rehumanizing Law : A Theory of Law and Democracy /
This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws. --Book Jacket.
| Autor principal: | |
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| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Buffalo :
University of Toronto Press,
[2011]
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| Colección: | Book collections on Project MUSE.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 1. Law and narrative: Re-examining the relationship
- Describing law in terms of autonomy
- Narrative as the basis of law and the humanities
- Shelley's case, Part 1 Law of The Jungle
- Shelley's case, Part 2 Silent Spring
- Law, literature, and narrative
- What Is narrative?
- How narratives interact to influence legislation
- Text in context
- What's truth have to do with it?
- Whose story to believe?
- 2. Institutionalizing narratives
- Narrative and the normative syllogism
- The narrative nudge
- When narratives clash
- Changes in narrative, changes in Law
- Law's constraints: Generic or precedential?
- Novelizing law
- Resisting narratives: Keeping the outside out
- Absorbing narratives: Letting the outside In
- What law can learn from literature (and history)
- 3. Law, narrative, and democracy
- The rule of law and its limits
- Toward a democratic rule of law
- The jury as a structural safeguard of democracy
- The democratic role of interpretive communities
- A study in contrasts: The Rodney King and O.J. Simpson juries
- Is jury nullification democratic and within the rule of law?
- Some thoughts on democratic interpretation
- 4. Narrative as democratic reasoning
- The narrative shape of deliberation
- Law-as-discipline
- The problem with appellate practice and appellate opinions
- (Re)Introducing narratives across the profession
- Democratic education, practical reason, and the law.