The Oxford Handbook of Law and Humanities最新文献

Responsa

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.41

Ari Z. Bryen

引用次数: 2

Legal Paratexts

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.44

R. Spoo

{"title":"Legal Paratexts","authors":"R. Spoo","doi":"10.1093/oxfordhb/9780190695620.013.44","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190695620.013.44","url":null,"abstract":"This chapter offers an overview of a genre that has attracted little attention qua genre: the legal paratext. Gérard Genette likened the paratext to a vestibule that operates as a zone of transition and transaction, a liminal space that prepares the reader’s experience of the text. Yet there are other, more cautionary paratexts that crowd, often invisibly, the vestibules of books and other cultural forms. This chapter surveys the transatlantic (American and British) repertoire of legal paratexts appearing in books, including copyright notices, once mandatory in the United States but now permissive there and in many countries; statements of US manufacture, deriving from a period in American publishing when copyright protection turned on strict compliance with the statutory requirement that books be physically manufactured on US soil; “all characters are fictitious” disclaimers, which urge readers to put aside their instinct to sue for libel or for privacy invasion and to engage with the text as a fictive and aesthetic creation; “no-obscenity” statements—a feature of many controversial modernist works—which seek to discourage official attempts at censorship and assure readers that books have been or are likely to be deemed by a court to be safe for consumption. Legal paratexts continue to crowd the vestibules of books, movies, musical recordings, and other works, warning readers, scolding them, and attempting to regulate their behavior in accordance with legal and corporate norms. They are linked to other literary genres, such as parody, satire, the apologia, and the palinode.","PeriodicalId":348365,"journal":{"name":"The Oxford Handbook of Law and Humanities","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115240169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Police Records 警方记录

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.34

Cristina Vatulescu

引用次数: 0

Personhood

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.48

John Frow

{"title":"Personhood","authors":"John Frow","doi":"10.1093/oxfordhb/9780190695620.013.48","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190695620.013.48","url":null,"abstract":"Legal personhood is distinct from and dependent on ordinary understandings of what it means to be a human person. Yet not every human being is a person (slaves are not, for example), and there are some non-human entities (such as corporations) which are. The legal category of the person is thus at once continuous and discontinuous with that of the natural person, designating a subject of rights and duties along a spectrum from full to very partial personhood. Moreover, the mode of being of natural persons is by no means self-evident, because the status of the “natural” person is itself constituted by a juridical demarcation of the boundaries of embodied human being and by distinct institutional and practical conditions of constitution, and natural persons are not necessarily coextensive with their bodies. While Western models of personhood are based on the coherence and continuity of the self as rational or ethical substance, quite different ways of understanding personhood are found in other cultures, where persons may be taken to be the sum of their social relations or of the exchange of substances between their bodies and the rest of the social and material world. Similarly, in most cultures persons are constituted by their relation to the generations of the dead from whom they inherit, to the gods, and to the unborn descendants to whom property and some of the components of kinship (a name, a status, a genetic inheritance) are to be passed on.","PeriodicalId":348365,"journal":{"name":"The Oxford Handbook of Law and Humanities","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130156497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Family Law 家庭法

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.24

K. Bridges

引用次数: 0

Maxims 格言

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.40

D. Davis

引用次数: 0

Human Rights 人权

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.25

E. Anker

引用次数: 1

Accident 事故

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.45

Daniel H. Williams

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引用次数: 0

Book History 书的历史

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.3

Henrike Manuwald

{"title":"Book History","authors":"Henrike Manuwald","doi":"10.1093/oxfordhb/9780190695620.013.3","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190695620.013.3","url":null,"abstract":"Book history, understood broadly as the analysis of written communication, interacts with legal studies in two main areas: first, legal rules frame the production and dissemination of books or written documents (in many cultures); second, books and written documents can act as meaningful objects within the legal sphere. This chapter focuses on the second area and shows by way of examples how taking the materiality of the book as a starting point can help to uncover cultural structures linked to the law. The chapter demonstrates the potential of this approach by focusing on a period in which books with legal contents radically changed their function: the Middle Ages in Europe, with their shift from writing down customs in the vernacular as a means of preservation to actual law books used as works of reference. As can be shown, the design of legal manuscripts played an important role in this process of codification. But not only law books are elements of the legal sphere: the chapter also outlines the function of books in legal rituals with religious implications as well as the merging of “law” and “literature” in some medieval manuscripts. Finally, the chapter draws attention to the opportunities book history offers for research into intercultural relations and into the change of legal culture in the digital age.","PeriodicalId":348365,"journal":{"name":"The Oxford Handbook of Law and Humanities","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128452074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Emblems 象征

The Oxford Handbook of Law and Humanities Pub Date : 2019-12-12 DOI: 10.1093/oxfordhb/9780190695620.013.38

V. Hayaert

{"title":"Emblems","authors":"V. Hayaert","doi":"10.1093/oxfordhb/9780190695620.013.38","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190695620.013.38","url":null,"abstract":"The early modern tradition of the emblem book offers a fertile ground to uncover the renewal of legal ethics during the Renaissance. Andrea Alciato was first and foremost a lawyer, and juridical themes abound in his Emblematum libellus. Later emblematists forged visible figures of norm and law, which stage and enact the rites and harmony of a living legal visual tradition. Inserted into the body of law reference texts or used as ingenious mnemonic devices, emblems played a role in the ars memorativa deployed by legal educators. In the case of Johannes Buno, visual images were designed especially to help fix the order of titles in the Digest and their contents. Emblems and symbolic places would serve as topical frameworks, headings for the reference texts, and notable visual commonplaces to highlight important issues. The emblematic quality of memory images was valuable for the jurist, who could reconstruct an entire legal text, speech, or case. The importance of emblems in transmitting law and the imaginary representation of legality was key to building a professional ethos in the humanist respublica jurisconsultorum. Emblem books provided shared judicial values, norms of conduct, and signs of office. The early history of legal emblems requires being attentive to the profound multivalence of their form and structure: their prolixity of applications and the variegated ways in which images and texts illuminate each other and provide numerous examples of making, seeing, and saying judicial ethics.","PeriodicalId":348365,"journal":{"name":"The Oxford Handbook of Law and Humanities","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121161307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0