Gordon Rehumanizing Law

A Theory of Law and Democracy
1. Auflage 2017
ISBN: 978-1-4426-9352-4
Verlag: De Gruyter
Format: PDF
Kopierschutz: Wasserzeichen (»Systemvoraussetzungen)

E-Book, Englisch, 240 Seiten

This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws.

Autoren/Hrsg.

Gordon, Randy

Inhaltsverzeichnis

Introduction PART I: Law and Narrative: Reexamining the Relationship - Describing Law in Terms of Autonomy
- Narrative as the Basis of Law and the Humanities
- Shelley’s Case, Part 1: Law of The Jungle
- Shelley’s Case, Part 2: Silent Spring
- Law, Literature, and Narrative
- What is Narrative?
- How Narratives Interact to Influence Legislation
- Text in Context
- What’s Truth Have to Do with It?
- Whose Story to Believe?
PART II: Institutionalizing Narratives - Narrative and the Normative Syllogism
- The Narrative Nudge
- When Narratives Clash
- Changes in Narrative, Changes in Law
- Law’s Constraints: Genetic or Precedential?
- Novelizing Law
- Resisting Narratives: Keeping the Outside Out
- Absorbing Narratives: Letting the Outside In
- What Law Can Learn from Literature (and History)
PART III: Law, Narrative, and Democracy - The Rule of Law and Its Limits
- Toward a Democratic Rule of Law
- The Jury as a Structural Safeguard of Democracy
- The Democratic Role of Interpretive Communities
- A Study in Contrasts: The Rodney King and O.J. Simpson Juries
- Is Jury Nullification Democratic and Within the Rule of Law?
- Some Thoughts on Democratic Interpretation
PART IV: Narrative as Democratic Reasoning - The Narrative Shape of Deliberation
- Law-as-Discipline
- The Problem with Appellate Practice and Appellate Opinions
- (Re)Introducing Narratives in the Classroom
- Democratic Education, Private Reason, and the Law
A Conclusion of Sorts Notes
Bibliography
Index

Über Autor(innen)

GordonRandy:
Randy D. Gordon is an adjunct professor in the Dedman School of Law and a lecturer in English at Southern Methodist University. He is a partner in the Complex Litigation Group of Gardere Wynne Sewell LLP.