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This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.
An unprecedented compendium of milestones in the history of American literature. Presents all of the "first" literary works that broke barriers and inaugurated new traditions; with concise introductions.
"This book examines the representation of the white Creole in Antillean literature"--
Find out what Joseph Conrad, Arthur Miller, Geoffrey Chaucer, and Mark Twain can tell you about being a more effective manager. Looking for business insights? Forget the Wall Street Journal. You can learn a lesson or two from Arthur Miller and David Mamet. Put down Forbes and Fortune for once and spend an evening with Chaucer and George Bernard Shaw. Not only will you enjoy yourself, you're also likely to discover some fresh management perspectives and ideas! Written by a former CEO of a global corporation who has also been an English literature professor, this provocative new business book proves that great novels and plays are a rich, untapped resource for businesspeople looking for solutions to problems they confront on the job. Robert A. Brawer digs deeply into fictions by literary legends such as Mark Twain, Joseph Conrad, Theodore Dreiser, Sinclair Lewis, and Joseph Heller to unearth vital lessons that managers can readily apply to the real world of work. From tips on resolving office conflicts in James Thurber's "The Catbird Seat" to pointers on gaining client confidence found in Chaucer's Canterbury Tales, Brawer finds nuggets of business wisdom in places where most businesspeople never think of looking. Focusing mainly on fiction that explores business themes, Brawer uses Heller's Something Happened and Shaw's Major Barbara to illustrate the dangers of allowing excessive faith in corporate hype to impair a manager's ability to accurately assess serious problems. From Mamet's Glengarry Glen Ross and Dreiser's Sister Carrie, he infers important lessons about the art of salesmanship. He explores the problems of alienation and maintaining personal integrity in a corporate world through a close reading of Arthur Miller's Death of a Salesman and Sloan Wilson's The Man in the Grey Flannel Suit. And out of his analysis of Upton Sinclair's The Jungle and John Dos Passos's The Big Money, among other major nineteenth- and twentieth-century works, Brawer develops an inspiring discourse on self-interest and efficiency versus ethical responsibility and compassion in a Darwinian business world. As instructive as it is entertaining, Fictions of Business shows you how to take advantage of great novels and plays in solving the human problems of management. Praise for Fictions of Business "What a fabulous concept: the bringing together of great literature and management theory. This is a business book that challenges the intellect and goes about unveiling the basic principles of management in a way that forces you to think about what you know in a completely different way. It's a business book that stays with you long after you've read it." -Shelly Lazarus, Chairman and CEO, Ogilvy & Mather "A truly refreshing contribution to the multitude of books on corporate management. Brawer has cleverly crafted a set of essays that are both inspirational and practical." -Robert A. Kavesh, Professor of Finance and Economics, Leonard N. Stern School of Business, New York University. "Robert Brawer is both a successful entrepreneur and a distinguished literary scholar, and his book, Fictions of Business, is wise about both trade and fiction. Brawer writes with ironic wit and sharp observation about the culture of the corporation and the workplace." -Martin Peretz, Editor-in-Chief, The New Republic and Professor of Social Studies, Harvard University. "Brawer's message is clear and true: good literature enriches business leaders, making them more productive in their careers." -Richard D. Franke, former Chairman and CEO, John Nuveen Company. "Although commerce and literary analysis might seem worlds apart, Robert Brawer's book brilliantly weaves together fictional characters with larger-than-life figures from the corporate world. In Brawer's compelling narrative, literature offers striking models for good corporate practice." -Philip Gossett, Dean of Humanities, University of Chicago.
The objective of this study is to inquire, from a broad epistemological view, into the underlying nature of fictions, and above all, to discover how it is possible to create and process them. In Chapter One, I put forth four "postulates" in the form of though experiments. in Chapter Two I turn attention to make-believe, imaginary, and dream worlds, and how they can be conceived and perceived only with respect to the/a "real world." Chapter Three includes a discussion of the affinities and differences between one's tacit knowledge of certain aspects of the number system in arithmetic (an ordered series) and the range of all possible fictional entities (an unordered network). In Chapter Four I establish more precisely the relations between one's "real world" and one's fictional worlds in light of the conclusions from Chapter Three. And, in Chapter Five, I attempt to construct a formal model with which to account for the construction of all possible fictional sentences.
This is a classic, standard resource for collection building and on-the-spot readers advisory absolutely indispensable for school and public libraries.
This study aims to counter right-wing discourses of belonging. It discusses key theoretical concepts for the study of home, focusing in particular on Marxist, feminist, postcolonial, and psychoanalytic contributions. The book also maintains that postmodern celebrations of nomadism and exile tend to be incapable of providing an alternative to conservative, xenophobic appropriations of home. In detailed readings of one film and six novels, a view is developed according to which home, as a spatio-temporal imaginary, is rooted in our species being, and as such constitutes the inevitable starting point for any progressive politics.
Apt Imaginings addresses the question of how our emotions and desires for the contents of fictions, fantasies, and other products of the imagination relate to the feelings we have about things in the real world. A contribution to the theory of the emotions, the philosophy of fiction, and the psychology of art, this book argues that the normative criteria that determine the fit, morality, or rationality of our feelings for what we believe are distinct from those criteria that apply to what we imagine.
The media bombard us with claims that are often strange, unclear, and even upsetting. Quantum physicists claim that "vacuum nothingness" is not really nothing, because it teems with energy and virtual particles. Psychological research suggests that most of our neighbors suffer from some degree of mental disorder. Social scientists assure us that science itself is simply a cultural myth. Can anyone sort out fact from fiction in today's world? The answer, thankfully, is "Yes " But first, you must make a radical shift in your approach, because serious thinking about reality involves serious thinking about fiction, not only in your everyday mind, but also in the scholarly and technical realms. For anyone who has ever wondered-and you should wonder-whether there really are such things as government, society, the economy, or even marriage, the deeply philosophical and utterly practical Logical Fictions shows you how a solid grounding in logic and language can help you avoid getting trapped by the ideological fictions prevalent in today's sophisticated world. Consider yourself warned: humorous and filled with entertaining examples, this book will stretch your brain and provoke your thoughts. Your view of the world may never be the same.
“[Emre’s] intellectual moves . . . are many, subtle, and a pleasure to follow. . . . None of her bad readers could have written this very good book.” —Los Angeles Review of Books Literature departments tend to be focused on turning out, “good” readers—attentive to nuance, aware of history, interested in literary texts as self-contained works. But the majority of readers are, to use Merve Emre’s tongue-in-cheek term, “bad” readers. They read fiction and poetry to be moved, distracted, instructed, improved, engaged as citizens. How should we think about those readers, and what should we make of the structures, well outside the academy, that generate them? We should, Emre argues, think of such readers not as non-literary but as paraliterary—thriving outside literary institutions. She traces this phenomenon to the postwar period, when literature played a key role in the rise of American power. At the same time as American universities were producing good readers by the hundreds, many more thousands of bad readers were learning elsewhere to be disciplined public communicators, whether in diplomatic and ambassadorial missions, private and public cultural exchange programs, multinational corporations, or global activist groups. As we grapple with literature’s diminished role in the public sphere, Paraliterary suggests a new way to think about literature, its audience, and its potential, one that looks at the civic institutions that have long engaged readers ignored by the academy. “Paraliterary does for . . . reading . . . what The Program Era did for writing: profoundly upend what we thought we knew about how institutions other than the university have shaped our culture and our engagement with it.” —Deborah Nelson, University of Chicago