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Fictional Discourse and the Law 1st Edition by Hans J Lind ISBN 9781138604759 1138604755

Name: Fictional Discourse and the Law 1st Edition by Hans J Lind ISBN 9781138604759 1138604755
SKU: EB-32759862
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Fictional Discourse and the Law 1st Edition Hans J. Lind (Editor) Digital Instant Download

Author(s): Hans J. Lind (editor)

ISBN(s): 9781138604759, 1138604755

Edition: 1

File Details: PDF, 13.40 MB

Year: 2020

Language: English

SKU: EB-32759862 Category: Medicine Tag: Hans J. Lind (editor)

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Fictional Discourse and the Law 1st Edition by Hans J Lind – Ebook PDF Instant Download/Delivery: 9781138604759 ,1138604755
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ISBN 10: 1138604755
ISBN 13: 9781138604759
Author: Hans J Lind

Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse.　 Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.

Fictional Discourse and the Law 1st Edition Table of contents:

PART 1: From narrative to fiction in legal theory and practice

1. Theorizing fictional discourse: Toward a reassessment of the fact–fiction dichotomy in legal theory and practice

PART 2: The ubiquity of fictional discourse in legal theory and practice

2.1. Fictions of constitutional privacy: Toward a linguistic subject

2.2. Adultery, criminality and the fiction of the king’s body

2.3. Memory, history, and forgetting: Shelby County, Alabama v. Holder

2.4. Boilerplate: Deconstructing the fiction of contract

PART 3: A matter of evidence? Fact and fiction in the courtroom

3.1. Dying declarations

3.2. Rap as courtroom reality

3.3. Fiction as courtroom fact? Exploration accounts as evidence in aboriginal rights and title litigation