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Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 223 |
Release | : 2012-03-14 |
Genre | : Law |
ISBN | : 0804781575 |
Download Imagining New Legalities Book in PDF, ePub and Kindle
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author | : Austin Sarat |
Publisher | : Stanford Law Books |
Total Pages | : 221 |
Release | : 2012-03-14 |
Genre | : Law |
ISBN | : 9780804777049 |
Download Imagining New Legalities Book in PDF, ePub and Kindle
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Author | : Roger Brownsword |
Publisher | : Routledge |
Total Pages | : 327 |
Release | : 2019-02-18 |
Genre | : Law |
ISBN | : 1351128167 |
Download Law, Technology and Society Book in PDF, ePub and Kindle
This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 200 |
Release | : 2014-05-21 |
Genre | : Law |
ISBN | : 0804791864 |
Download Law and the Utopian Imagination Book in PDF, ePub and Kindle
Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet—who writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.
Author | : Richard Mullender |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2020 |
Genre | : Law |
ISBN | : 9780429325649 |
Download Law and Imagination in Troubled Times Book in PDF, ePub and Kindle
"This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future"--
Author | : Austin Sarat |
Publisher | : University of Alabama Press |
Total Pages | : 248 |
Release | : 2011-09-12 |
Genre | : Law |
ISBN | : 0817356789 |
Download Imagining Legality Book in PDF, ePub and Kindle
Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media. Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements. Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.
Author | : James Boyd White |
Publisher | : University of Chicago Press |
Total Pages | : 328 |
Release | : 1985-12-15 |
Genre | : Law |
ISBN | : 0226894932 |
Download The Legal Imagination Book in PDF, ePub and Kindle
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
Author | : Mauro Bussani |
Publisher | : Edward Elgar Publishing |
Total Pages | : 518 |
Release | : 2015-08-28 |
Genre | : Law |
ISBN | : 1784718130 |
Download Comparative Tort Law Book in PDF, ePub and Kindle
Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l
Author | : Ruth L. Okediji |
Publisher | : Cambridge University Press |
Total Pages | : 543 |
Release | : 2017-03-30 |
Genre | : Law |
ISBN | : 1107132371 |
Download Copyright Law in an Age of Limitations and Exceptions Book in PDF, ePub and Kindle
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
Author | : Austin Sarat |
Publisher | : Emerald Group Publishing |
Total Pages | : 152 |
Release | : 2018-04-13 |
Genre | : Political Science |
ISBN | : 1787560325 |
Download Special Issue Book in PDF, ePub and Kindle
This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality.