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In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.
Simon-Shoshan examines the neglected genre of rabbinic legal stories, arguing that this genre is crucial to understanding both rabbinic jurisprudence and rabbinic story-telling and challenging traditional distinctions between law and literature.
The prison system was one of the primary social issues of the Victorian era and a regular focus of debate among the period?s reformers, novelists, and poets. Stones of Law, Bricks of Shame brings together essays from a broad range of scholars, who examine writings on the Victorian prison system that were authored not by inmates, but by thinkers from the respectable middle class. Studying the ways in which writings on prisons were woven into the fabric of the period, the contributors consider the ways in which these works affected inmates, the prison system, and the Victorian public. Contesting and extending Michel Foucault's ideas on power and surveillance in the Victorian prison system, Stones of Law, Bricks of Shame covers texts from Charles Dickens to Henry James. This essential volume will refocus future scholarship on prison writing and the Victorian era.
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. These two contemporary domains, personal narrative and human rights, literature and international politics, are commonly understood to operate on separate planes. This study however, examines the ways these intersecting realms unfold and are enfolded in one another in ways both productive of and problematic for the achievement of social justice. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings; how international rights discourse enables and constrains individual and collective subjectivities in narration; how personal narratives circulate and take on new meanings in new contexts; and how and under what conditions they feed into, affect, and are affected by the reorganizations of politics in the post cold war, postcolonial, globalizing human rights contexts. To explore these intersections, the authors attend the production, circulation, reception, and affective currents of stories in action across local, national, transnational, and global arenas. They do so by looking at five case studies: in the context of the Truth and Reconciliation processes in South Africa; the National Inquiry into the Forced Removal of Indigenous Children from their Families in Australia; activism on behalf of former 'comfort women' from South/East Asia; U.S. prison activism; and democratic reforms in the aftermath of the Tiananmen Square Massacre in China.
The Narrative Gym by Dr. Randy Olson presents a new model for messaging and communication. It's a short, practical guide to the ABT Framework (And, But, Therefore) which needs to be on the desk of everyone crafting a message, essay, strategy, novel, campaign, proposal, presentation, screenplay, argument, joke, ballad, report ... pretty much all communication.There is no other book on the ABT Framework. There is no other analytical model for narrative structure like the ABT Framework. This is a new and unique resource. The ABT seems like something from elementary school and at its core is as old as the ancient Greeks, but the formulation only began less than a decade ago.The original insights for this communication model come from Hollywood screenwriting. The importance of the three words (And, But, Therefore) began with legendary screenwriting instructor Frank Daniel of the U.S.C. School of Cinematic Arts who in a 1986 speech first talked of replacing the word "and" with either "but" or "therefore" to strengthen the narrative content of a text. This was propagated by his students, then articulated by the co-creators of the animated series, "South Park," in a 2011 documentary. Randy Olson formulated the ABT Narrative Template ("___ AND ___ BUT ___ THEREFORE ___") in his 2013 TEDMED Talk, and his 2015 book, "Houston, We Have A Narrative." It is at the heart of how humans have communicated for thousands of years. You can see it in the Gettysburg Address, nursery rhymes, argumentation, comic structure, myths, the billion-viewed "Call Me Maybe" song from Carlie Rae Jepsen, the 1600's poem "To His Coy Mistress," blockbuster movies - on and on. It's at the core of everything memorable because it is narrative itself. The bottom line is: You've got something to say AND you know it's important, BUT you're having trouble boiling it down to its powerful and essential core, THEREFORE you need the ABT Framework. "The Narrative Gym is the definitive communications tool for the Information Society." - Michael Strauss, Former head of the Office of Science Quality Review, U.S.D.A.
The twenty-first century has seen a further dramatic increase in the use of quantitative knowledge for governing social life after its explosion in the 1980s. Indicators and rankings play an increasing role in the way governmental and non-governmental organizations distribute attention, make decisions, and allocate scarce resources. Quantitative knowledge promises to be more objective and straightforward as well as more transparent and open for public debate than qualitative knowledge, thus producing more democratic decision-making. However, we know little about the social processes through which this knowledge is constituted nor its effects. Understanding how such numeric knowledge is produced and used is increasingly important as proliferating technologies of quantification alter modes of knowing in subtle and often unrecognized ways. This book explores the implications of the global multiplication of indicators as a specific technology of numeric knowledge production used in governance.