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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Law, Narrative and Reality

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ISBN13: 9780792346210
ISBN: 0792346211
Published: September 1997
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here ""the interception hypothesis"". Although it is derived from the theory of literature (the theory of narrative), and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.

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A hypothesis about narratives; narrative coherence and the facts of the case; narrative coherence and the system of legal norms; ascription of normative consequences to facts; narratives, law and representation - towards an epistemological account of the interception hypothesis; the guises of legalism; democracy and representation; law as punishment - punishment as law; the law of obligations - and the fun of seeing places.