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Full-Text Articles in Law
How To Talk About Religion, James Boyd White
How To Talk About Religion, James Boyd White
Articles
Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …
Humanities And The Law: A Kinship Of Performance, James Boyd White
Humanities And The Law: A Kinship Of Performance, James Boyd White
Articles
The following essay is adapted from “A Visiting Scholar Considers The Law and the Humanities”, which appeared in The Key Reporter of Phi Beta Kappa in summer 1998 as a partial report of the author’s year as a Phi Beta Kappa Visiting Scholar. The selection here is a summary of a lecture the author delivered during his travels to eight colleges and universities throughout the United States.
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
Reviews
Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
Articles
I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal language; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in legal life.
Talking About Rights, Carl E. Schneider
Talking About Rights, Carl E. Schneider
Reviews
In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Law And Literature: 'No Manifesto', James Boyd White
Law And Literature: 'No Manifesto', James Boyd White
Articles
With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?
Economics And Law: Two Cultures In Tension, James Boyd White
Economics And Law: Two Cultures In Tension, James Boyd White
Articles
I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …
Intellectual Integration, James Boyd White
Intellectual Integration, James Boyd White
Articles
In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …