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Full-Text Articles in Legal History
Utopia And The Law And Literature Movement, Michael P. Malloy
Utopia And The Law And Literature Movement, Michael P. Malloy
McGeorge School of Law Scholarly Articles
The year 2016 marks the quincentennial of the publication of Thomas More’s novel Utopia. In addition to being an important literary milestone and cultural artifact, Utopiarepresentsa significant marker in the history of political and legal philosophy. I would argue that it also provides an important contribution to the law and literature movement that has flourished in recent decades. It is that contribution that I wish to explore.
This paper begins with a brief introduction to the law and literature movement, in which I identify some of the objectives of the movement and the relationship of More’s novel to those objectives. …
The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii
The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii
Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as ‘‘given’’ even though it is dynamic and constantly under construction. Most lawyers do not make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because …
Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii
Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.
I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.
A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii
A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii
The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii
Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.