Rehumanizing law : a theory of law and democracy / Randy D. Gordon.
2011
PN56.L33 G67 2011 (Map It)
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Details
Author
Title
Rehumanizing law : a theory of law and democracy / Randy D. Gordon.
Published
Toronto ; Buffalo : University of Toronto Press, [2011]
Copyright
©2011
Call Number
PN56.L33 G67 2011
ISBN
9781442642294
1442642297
1442642297
Description
xi, 286 pages ; 24 cm
System Control No.
(OCoLC)676689852
Bibliography, etc. Note
Includes bibliographical references (pages [265]-280) and index.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction
3
1.
Law and Narrative: Re-examining the Relationship
8
Describing Law in Terms of Autonomy
11
Narrative as the Basis of Law and the Humanities
13
Shelley's Case, Part 1
Law of The Jungle
20
Shelley's Case, Part 2
Silent Spring
31
Law, Literature, and Narrative
35
What Is Narrative?
41
How Narratives Interact to Influence Legislation
47
Text in Context
51
What's Truth Have to Do with It?
58
Whose Story to Believe?
61
2.
Institutionalizing Narratives
63
Narrative and the Normative Syllogism
63
The Narrative Nudge
65
When Narratives Clash
70
Changes in Narrative, Changes in Law
73
Law's Constraints: Generic or Precedential?
83
Novelizing Law
87
Resisting Narratives: Keeping the Outside Out
89
Absorbing Narratives: Letting the Outside In
99
What Law Can Learn from Literature (and History)
105
3.
Law, Narrative, and Democracy
120
The Rule of Law and Its Limits
121
Toward a Democratic Rule of Law
126
The Jury as a Structural Safeguard of Democracy
131
The Democratic Role of Interpretive Communities
134
A Study in Contrasts: The Rodney King and O.J. Simpson Juries
148
Is Jury Nullification Democratic and within the Rule of Law?
157
Some Thoughts on Democratic Interpretation
160
4.
Narrative as Democratic Reasoning
169
The Narrative Shape of Deliberation
169
Law-as-Discipline
175
The Problem with Appellate Practice and Appellate Opinions
181
(Re)Introducing Narratives across the Profession
184
Democratic Education, Practical Reason, and the Law
191
A Conclusion of Sorts
202
Notes
207
Bibliography
265
Index
281