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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Law and Language

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ISBN13: 9781840147704
ISBN: 1840147709
Published: August 2000
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £140.00

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The essays in this volume reflect several important and widely-discussed issues in legal theory. One set of issues may be characterized as legal hermeneutics, a consideration of the practices governing the retrieval and determination of meaning from legal lexts and in legal contexts. Related issues arise from the use of literature and literary criticism to enhance an understanding of law and from the study of legal rhetoric.

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Part 1 Law as expression: thinking about our language, James Boyd White; Babel - a She'ur, Richard Hyland; law as rhetoric, rhetoric as law - the arts of cultural and communal life, James Boyd White.
Part 2 Law and literature - finding meaning: linguistic indeterminacy, Timothy A.O. Endicott; law and literature, Sanford Levinson; the hermeneutics file, Thomas Grey; interpreting the law - hermeneutical and poststructuralist perspectives, David Hoy; transcendental deconstruction, transcendent justice, J.M. Balkin; force, Stanley Fish.
Part 3 The law of language: morals and the constitution - obscenity, Louis Henkin; pornography as defamation and discrimination, Catharine A. MacKinnon; pornography and the first amendment - a reply to Professor MacKinnon, Thomas Emerson; cultural heterogeneity and law - pornography, blasphemy and the first amendment, Robert Post.