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Fictions of Consent

Fictions of Consent
Author: Urvashi Chakravarty
Publisher: University of Pennsylvania Press
Total Pages: 307
Release: 2022-03-22
Genre: Literary Criticism
ISBN: 0812298268

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In Fictions of Consent Urvashi Chakravarty excavates the ideologies of slavery that took root in early modern England in the period that preceded the development of an organized trade in enslaved persons. Despite the persistent fiction that England was innocent of racialized slavery, Chakravarty argues that we must hold early modern England—and its narratives of exceptional and essential freedom—to account for the frameworks of slavery that it paradoxically but strategically engendered. Slavery was not a foreign or faraway phenomenon, she demonstrates; rather, the ideologies of slavery were seeded in the quotidian spaces of English life and in the everyday contexts of England's service society, from the family to the household, in the theater and, especially, the grammar school classroom, where the legacies of classical slavery and race were inherited and negotiated. The English conscripted the Roman freedman's figurative "stain of slavery" to register an immutable sign of bondage and to secure slavery to epidermal difference, even as early modern frameworks of "volitional service" provided the strategies for later fictions of "happy slavery" in the Atlantic world. Early modern texts presage the heritability of slavery in early America, reveal the embeddedness of slavery within the family, and illuminate the ways in which bloodlines of descent underwrite the racialized futures of enslavement. Fictions of Consent intervenes in a number of areas including early modern literary and cultural studies, premodern critical race studies, the reception of classical antiquity, and the histories of law, education, and labor to uncover the conceptual genealogies of slavery and servitude and to reveal the everyday sites where the foundations of racialized slavery were laid. Although early modern England claimed to have "too pure an Air for Slaves to breathe in," Chakravarty reveals slavery was a quintessentially English phenomenon.


Fictions of Contract

Fictions of Contract
Author: Melissa Joy Ganz
Publisher:
Total Pages: 602
Release: 2007
Genre:
ISBN:

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Chaucer and the Fictions of Gender

Chaucer and the Fictions of Gender
Author: Elaine Tuttle Hansen
Publisher: Univ of California Press
Total Pages: 312
Release: 2023-04-28
Genre: Literary Criticism
ISBN: 0520328205

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.


Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law
Author: Steven D. Smith
Publisher: University of Notre Dame Pess
Total Pages: 349
Release: 2021-09-15
Genre: Law
ISBN: 0268201196

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Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.


Founding Fictions

Founding Fictions
Author: Jennifer R. Mercieca
Publisher: University of Alabama Press
Total Pages: 290
Release: 2010-04-15
Genre: History
ISBN: 0817316906

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An extended analysis of how Americans imagined themselves as citizens between 1764 and 1845 Founding Fictions develops the concept of a “political fiction,” or a narrative that people tell about their own political theories, and analyzes how republican and democratic fictions positioned American citizens as either romantic heroes, tragic victims, or ironic partisans. By re-telling the stories that Americans have told themselves about citizenship, Mercieca highlights an important contradiction in American political theory and practice: that national stability and active citizen participation are perceived as fundamentally at odds.


The Logic of Consent

The Logic of Consent
Author: Peter Westen
Publisher: Routledge
Total Pages: 417
Release: 2017-03-02
Genre: Law
ISBN: 1351886487

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The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.


Civil Procedure: Constitution, Statutes, Rules and Supplemental Materials, 2023

Civil Procedure: Constitution, Statutes, Rules and Supplemental Materials, 2023
Author: Allan Ides
Publisher: Aspen Publishing
Total Pages: 210
Release: 2023-08-14
Genre: Law
ISBN:

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New to the 2023 Edition: Supreme Court cases updated through the close of the Supreme Court’s October 2022 Term Federal Rules and Statutes current up through the latest revisions Substantially updated materials in key chapters, including new cases and problems


Manufacturing Babies and Public Consent

Manufacturing Babies and Public Consent
Author: Jose Van Dijck
Publisher: NYU Press
Total Pages: 249
Release: 1995
Genre: Health & Fitness
ISBN: 081478786X

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On Christmas day, 1993, a 59-year-old British woman gave birth to healthy twins. In Italy the very same week, a black woman bore a white baby, produced from the semen of her white husband and an egg donated by a white woman. Heated debates ensued across the United States and Europe. Fifteen years ago the very idea of conception outside a woman's womb triggered science fiction fantasies and alarmist speculations. Today, thousands of babies are manufactured with the help of in-vitro fertilization and related technologies each year. The application of these procedures has continuously shifted the boundaries of conception and reproduction. In the public debate on new reproductive technologies, many voices have been heard: medical scientists hailing the new technologies as an unprecedented advance; feminists raising apprehensions about the way in which these technologies might rob a woman of her reproductive autonomy and bodily integrity; and ethicists, religious groups, and politicians expressing concerns about the social and moral implications of the new technologies. Mapping out the public debate in the three discourses which play the most significant role in the distribution of public meanings—science, journalism and fiction—Jos Van Dyck here traces the ways in which this public consent has been manufactured. This book examines important questions about the relationship between science, technology and popular culture.


Fictions of Credit in the Age of Shakespeare

Fictions of Credit in the Age of Shakespeare
Author: Laura Kolb
Publisher: Oxford University Press
Total Pages: 256
Release: 2021-02-04
Genre: Literary Criticism
ISBN: 0192603507

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In Shakespeare's England, credit was synonymous with reputation, and reputation developed in the interplay of language, conduct, and social interpretation. As a consequence, artful language and social hermeneutics became practical, profitable skills. Since most people both used credit and extended it, the dual strategies of implication and inference—of producing and reading evidence—were everywhere. Like poetry or drama, credit was constructed: fashioned out of the interplay of artifice and interpretation. The rhetorical dimension of economic relations produced social fictions on a range of scales: from transitory performances facilitating local transactions to the long-term project of maintaining creditworthiness to the generalized social indeterminacy that arose from the interplay of performance and interpretation. Fictions of Credit in the Age of Shakespeare examines how Shakespeare and his contemporaries represented credit-driven artifice and interpretation on the early modern stage. It also analyses a range of practical texts—including commercial arithmetics, letter-writing manuals, legal formularies, and tables of interest—which offered strategies for generating credit and managing debt. Looking at plays and practical texts together, Fictions of Credit argues that both types of writing constitute “equipment for living”: practical texts by offering concrete strategies for navigating England's culture of credit, and plays by exploring the limits of credit's dangers and possibilities. In their representations of a world re-written by debt relations, dramatic texts in particular articulate a phenomenology of economic life, telling us what it feels like to live in credit culture: to live, that is, inside a fiction.


Pararealities: The Nature of Our Fictions and How We Know Them

Pararealities: The Nature of Our Fictions and How We Know Them
Author: Floyd Merrell
Publisher: John Benjamins Publishing
Total Pages: 184
Release: 1983-01-01
Genre: Literary Criticism
ISBN: 9027280290

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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.