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Once hailed as a promising new way to think about law and as opening a vital conversation about literature the question is whether the law and literature enterprise has lived up to its initial promise. This is a contemporary study of law and literature. It includes contributions by an international group of leading scholars.
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.
Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.
Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen. In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its limits, men who strove to lead the new nation even as they had to defer to the great body of the people and learn with them the possibilities and limitations of politics. Bernstein deftly traces the dynamic forces that molded these men and their contemporaries as British colonists in North America and as intellectual citizens of the Atlantic civilization's Age of Enlightenment. He analyzes the American Revolution, the framing and adoption of state and federal constitutions, and the key concepts and problems--among them independence, federalism, equality, slavery, and the separation of church and state--that both shaped and circumscribed the founders' achievements as the United States sought its place in the world.
REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.
In this small book, Tim Gallant engages in careful rethinking of Paul's handing of the matter of the Mosaic law. Keying on the central texts in Galatians and Romans, Gallant works with the logic and flow of Paul's arguments, rather than beginning with dogmatic questions. Without taking an uncritical stance toward recent development such as the New Perspective on Paul, nor offering a standard exposition of traditional exegetical approaches to Paul, Gallant helps unearth the inner logic of a variety of apparent tensions in Paul's reflections on the law. The result is an intriguing re-presentation of Paul's salvation-historical hermeneutic. Foreword by Rich Lusk.
María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.
After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.
Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.
In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.