Narrative and Metaphor in the Law

Erscheinungsjahr 2019
ISBN: 978-1-108-43510-9
Verlag: Cambridge University Press

Buch, Englisch, 438 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 633 g

It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.

Autoren/Hrsg.

Hanne, Michael

Weisberg, Robert

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Berufs- und Gebührenrecht freie Berufe Rechtsanwälte und Notare

Inhaltsverzeichnis

Introduction Michael Hanne and Robert Weisberg; 1. Narrative, metaphor and concepts of justice and legal systems Greta Olson and Lawrence Rosen; 2. Narrative and metaphor in legal persuasion Michael R. Smith and Raymond W. Gibbs; 3. Narrative and metaphor in judicial opinions Simon Stern and Peter Brooks; 4. Narrative, metaphor and gender in the law Linda L. Berger and Kathryn M. Stanchi; 5. Narrative, metaphor and innovations in legal thinking Roberto H. Potter; 6. Narrative and metaphor in public debate around crime and punishment Dahlia Lithwick and L. David Ritchie; 7. Narrative and metaphor in human rights law Katharine G. Young and Bernadette Meyler; 8. Narrative and metaphor in creative work around the law Lawrence Joseph and Meredith Wallis; 9. Narrative and metaphor in legal activism Mari Matsuda.

Über Autor(innen)

Weisberg, Robert
Robert Weisberg is Edwin E. Huddleson, Jr Professor of Law at Stanford University, California. He also founded and now serves as faculty co-director of the Stanford Criminal Justice Center (SCJC). He is co-author (with Guyora Binder) of the book Literary Criticisms of Law (2000).

Hanne, Michael
Michael Hanne founded the Comparative Literature Programme at the University of Auckland, New Zealand and directed it until his retirement in 2010. He has published 'Binocular Vision: Narrative and Metaphor in Medicine', in Genre (2011) and Warring with Words: Narrative and Metaphor in Politics (2014).