front cover of Doing What Comes Naturally
Doing What Comes Naturally
Change, Rhetoric, and the Practice of Theory in Literary & Legal Studies
Stanley Fish
Duke University Press, 1989
In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through.
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Justice as Translation
An Essay in Cultural and Legal Criticism
James Boyd White
University of Chicago Press, 1990
White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers.

"White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement

"James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal

"White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities

"Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
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The Language of Judges
Lawrence M. Solan
University of Chicago Press, 1993
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system.

Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote.

A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
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front cover of Native Studies Keywords
Native Studies Keywords
Edited by Stephanie Nohelani Teves, Andrea Smith, and Michelle Raheja
University of Arizona Press, 2015
Native Studies Keywords explores selected concepts in Native studies and the words commonly used to describe them, words whose meanings have been insufficiently examined. This edited volume focuses on the following eight concepts: sovereignty, land, indigeneity, nation, blood, tradition, colonialism, and indigenous knowledge. Each section includes three or four essays and provides definitions, meanings, and significance to the concept, lending a historical, social, and political context.
 
Take sovereignty, for example. The word has served as the battle cry for social justice in Indian Country. But what is the meaning of sovereignty? Native peoples with diverse political beliefs all might say they support sovereignty—without understanding fully the meaning and implications packed in the word.  
 
The field of Native studies is filled with many such words whose meanings are presumed, rather than articulated or debated. Consequently, the foundational terms within Native studies always have multiple and conflicting meanings. These terms carry the colonial baggage that has accrued from centuries of contested words.
 
Native Studies Keywords is a genealogical project that looks at the history of words that claim to have no history. It is the first book to examine the foundational concepts of Native American studies, offering multiple perspectives and opening a critical new conversation.
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front cover of Reproducing Rape
Reproducing Rape
Domination through Talk in the Courtroom
Gregory M. Matoesian
University of Chicago Press, 1993
This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex.

Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women.

Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.


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