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An examination of the ways in which Gower's poetry engages with contemporary law and legal questions. It has long been thought that John Gower was probably a lawyer before turning to poetry, and this study reveals his active engagement with contemporary legal debates; they include constitutional questions, jurisdictional issues, private vengeance, jurisprudential concepts (such as equity and the rigor iuris), and aspects of criminal law. The author argues that the Confessio Amantis in particular demonstrates Gower's uncertainty about how to reconcile the ideal of a just law with alternative modes of justice, such as self-help, royal discretion, and divine will. The book also examines the parallel development of the exemplum and casus in medieval literature. Exempla frequently create a sense of narrative closure by means of some form of punishment, or as Gower would put it, "vengeance". How then do we set Gower's reputation as a sympathetic writer alongside his frequent desire forclosure and punishment? What are the limits of exemplarity and law? These questions are answered by reading Gower in relation to the volatile politics of the Ricardian period, and in comparison with the poetic concerns of contemporary writers such as Chaucer and Langland. In so doing, the book provides a searching introduction to the intersection between literature and law in the late fourteenth century. Dr. Conrad van Dijk is Assistant Professor of English at Concordia University College of Alberta (Edmonton, Canada).
This edited collection questions the assumptions about feminist perspectives on contract law made in mainstream textbooks and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse.
This 2002 book demonstrates how property law and rights shift and cycle in the US.
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
In As Long as We Both Shall Love, Karen M. Dunak provides a nuanced history of the American wedding and its celebrants. Blending an analysis of film, fiction, advertising, and prescriptive literature with personal views from letters, diaries, essays, and oral histories, Dunak demonstrates the ways in which the modern wedding epitomizes a diverse and consumerist culture and aims to reveal an ongoing debate about the power of peer culture, media, and the marketplace in America.