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Law, Language, and Empire in the Roman Tradition
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates inLaw, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield.
Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools-most prominently analogy and fiction-used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought.
In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
eBook
The language of law school : learning to \think like a lawyer\
Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as “learning to think like a lawyer”. This process, which forces students to think and talk in radically new and toward different ways about conflicts, is directed by professors in the course of their lectures and examinations, and conducted via spoken and written language. This book delves into that legal language to reveal the complexities of how this process takes place. The book bases its linguistic study on tape recordings from first year Contracts courses in eight different law schools. The book discusses how these schools employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead. This move away from moral frameworks is key, the book says, arguing that it represents an underlying world view at the core not just of law education, but for better or worse, of the entire U.S. legal system—which, while providing a useful source of legitimacy and a means to process conflict, fails to deal systematically with aspects of fairness and social justice. The latter part of the study shows how differences in race and gender makeup among law students and professors can subtly alter this process.
eBook
The Limits of Legal Reasoning and the European Court of Justice
The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
eBook
Zugänge zur Rechtssemantik : Interdisziplinäre Ansätze im Zeitalter der Mediatisierung
\"How do we appropriately analyze the development of meaning in the law in an age of medialization? In this volume, experts from in linguistics, the media sciences, legal studies, and computer science examine this question in the context of jurisprudence, legislation, and legal scholarship. They describe qualitative and computer-assisted approaches to legal semantics to make a reflective contribution to juristic methodology and legal theory\" -- Provided by publisher
Book
Contrarian Anthropology
Analyzing the workings of boundary maintenance in the areas of anthropology, energy, gender, and law, Nader contrasts dominant trends in academia with work that pushes the boundaries of acceptable methods and theories. Although the selections illustrate the history of one anthropologist’s work over half a century, the wider intent is to label a field as contrarian to reveal unwritten rules that sometimes hinder transformative thinking and to stimulate boundary crossing in others.
eBook
Research handbook on the theory and history of international law
This title provides a scholarly framework for analyzing the theory and history of international law.
Book
Epistemology and Methodology of Comparative Law
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind – to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of ‘knowledge’ that is, or could be, derived from comparative law; an analysis of ‘legal families’ which asks whether we need to distinguish different ‘legal families’ according to areas of law; essays which ask what is the appropriate level for research to be conducted – the technical ‘surface level’, a ‘deep level’ of ideology and legal practice, or an ‘intermediate level’ of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a ‘legal system’ (and the clash between ‘legal monism’ and ‘legal pluralism’) and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
eBook