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Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
In the aftermath of the September 11 terror attacks, the political situation in both the United States and abroad has often been described as a "state of exception": an emergency situation in which the normal rule of law is suspended. In such a situation, the need for good decisions is felt ever more strongly. This book investigates the aesthetics, ethics, and politics of various decisions represented in novels published around 9/11: Martel's Life of Pi, Eugenides' Middlesex, Coetzee's Disgrace, and Sebald's Austerlitz. De Boever's readings of the novels revolve around what he calls the 'aesthetic decision.' Which aesthetics do the characters and narrators in the novels adopt in a situation of crisis? How do these aesthetic decisions relate to the ethical and political decisions represented in the novels? What can they reveal about real-life ethical and political decisions? This book uncovers the politics of allegory, autobiography, focalization, and montage in today's planetary state of exception.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
What will keep you safe-and sane-when you find yourself in a new and unfamiliar place convinced you'll never find anyone like you? For Robin and Tracy, it's the rules they set for themselves as they begin their first semester at Adams University near Boston. Robin is determined to hide in her room writing until she can get back to her homeless gay friends in New York City, whose easy exchange of sex and friendship inspires her creativity. She's sworn off perfect princesses like Tracy Patterson, no matter how attractive she finds the mysterious Southerner on her hall with the long blonde hair and tight jeans. And Tracy has no interest in cynical, smart-mouthed Northerners like Robin. She has her own set of rules-fine-tuned back home in North Carolina where she had a fake boyfriend and an uncomplicated string of older female lovers, including her mother's best friend. Here at college, she already has her first conquest planned, and it's certainly not Robin Greene. This is a love story about two young women who can only find their true selves by finding one another. But are Robin and Tracy willing to give up all they think they know in order to find happiness? Sometimes in life, the person who will matter most is the one who's an exception to the rule.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
This book shows how emergency powers can be justifiable in liberal democracies without suspending liberal norms.
First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Undecidability is a fundamental quality of literature and constitutive of what renders some works appealing and engaging across time and in different contexts. This book explores the essential literary notion and its role, function and effect in late nineteenth- and twentieth-century literature and literary theory. The book traces the notion historically, providing a map of central theories addressing interpretative challenges and recalcitrance in literature and showing ‘theory of uncertainty’ to be an essential strand of literary theory. While uncertainty is present in all literature, and indeed a prerequisite for any stabilisation of meaning, the Modernist period is characterised by a particularly strong awareness of uncertainty and its subforms of undecidability, ambiguity, indeterminacy, etc. With examples from seminal Modernist works by Woolf, Proust, Ford, Kafka and Musil, the book sheds light on undecidability as a central structuring principle and guiding philosophical idea in twentieth-century literature and demonstrates the analytical value of undecidability as a critical concept and reading-strategy. Defining undecidability as a specific ‘sustained’ and ‘productive’ kind of uncertainty and distinguishing it from related forms, such as ambiguity, indeterminacy and indistinction, the book develops a systematic but flexible theory of undecidability and outlines a productive reading-strategy based on the recognition of textual and interpretive undecidability.