Stanley Fish on Philosophy, Politics and Law

Stanley Fish on Philosophy, Politics and Law

Author: Michael Robertson

Publisher: Cambridge University Press

ISBN: 9781107074743

Category: Law

Page: 367

View: 605

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This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.

Stanley Fish, America's Enfant Terrible

Stanley Fish, America's Enfant Terrible

Author: Gary A. Olson

Publisher: SIU Press

ISBN: 9780809334766

Category: Biography & Autobiography

Page: 193

View: 857

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"A chronological narrative of the life and an intellectual chronicle and explication of the major works of legal scholar, literary critic, and public intellectual Stanley Fish, who is considered one of the century's most original and influential literary theorists"--

Interpretation in International Law

Interpretation in International Law

Author: Andrea Bianchi

Publisher: OUP Oxford

ISBN: 9780191038709

Category: Law

Page: 380

View: 323

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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Human Rights Imperialists

Human Rights Imperialists

Author: Conall Mallory

Publisher: Bloomsbury Publishing

ISBN: 9781509914753

Category: Political Science

Page: 256

View: 661

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To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.

International Law Theories

International Law Theories

Author: Andrea Bianchi

Publisher: Oxford University Press

ISBN: 9780198725114

Category: Law

Page: 337

View: 827

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By providing an overview of the different theoretical approaches to and perspectives on international law, this book takes readers through fourteen of the most important theories of international law, explaining their origins, core components, and the influence they have had.

The Bloomsbury Handbook of Literary and Cultural Theory

The Bloomsbury Handbook of Literary and Cultural Theory

Author: Jeffrey R. Di Leo

Publisher: Bloomsbury Publishing

ISBN: 9781350012813

Category: Literary Criticism

Page: 800

View: 198

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The Bloomsbury Handbook of Literary and Cultural Theory is the most comprehensive available survey of the state of theory in the 21st century. With chapters written by the world's leading scholars in their field, this book explores the latest thinking in traditional schools such as feminist, Marxist, historicist, psychoanalytic, and postcolonial criticism and new areas of research in ecocriticism, biopolitics, affect studies, posthumanism, materialism, and many other fields. In addition, the book includes a substantial A-to-Z compendium of key words and important thinkers in contemporary theory, making this an essential resource for scholars of literary and cultural theory at all levels.

Philosophical Foundations of Medical Law

Philosophical Foundations of Medical Law

Author: Andelka M. Phillips

Publisher: Oxford University Press

ISBN: 9780192516565

Category: Law

Page: 368

View: 756

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With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.

The Trouble with Principle

The Trouble with Principle

Author: Stanley Fish

Publisher: Harvard University Press

ISBN: 9780674005341

Category: Social Science

Page: 337

View: 338

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Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike. In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.

Think Again

Think Again

Author: Stanley Fish

Publisher: Princeton University Press

ISBN: 9780691195919

Category: Education

Page: 448

View: 751

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From one of America's most important cultural critics comes this collection of the best of his provocative New York Times essays, pieces that have generated passionate discussion and debate.

Negative Comparative Law

Negative Comparative Law

Author: Pierre Legrand

Publisher: Cambridge University Press

ISBN: 9781009063203

Category: Law

Page:

View: 349

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Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

Administering Interpretation

Administering Interpretation

Author: Peter Goodrich

Publisher: Fordham Univ Press

ISBN: 9780823283804

Category: Law

Page: 352

View: 413

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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan