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The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
Articles
The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Articles
In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …