The Resource Just silences : the limits and possibilities of modern law, Marianne Constable

Just silences : the limits and possibilities of modern law, Marianne Constable

Label
Just silences : the limits and possibilities of modern law
Title
Just silences
Title remainder
the limits and possibilities of modern law
Statement of responsibility
Marianne Constable
Creator
Subject
Language
eng
Summary
  • "Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religious and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice."
  • "Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law."
  • "But law - like language - has not always been positivist, empirical, or sociological, nor need it be, Constable examines possibilities of silence and proposes an alternative understanding of law - one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law."--BOOK JACKET
Cataloging source
DLC
Dewey number
340/.11
Illustrations
illustrations
Index
index present
LC call number
K579.I6
LC item number
C66 2005
Literary form
non fiction
Nature of contents
bibliography
Label
Just silences : the limits and possibilities of modern law, Marianne Constable
Publication
Bibliography note
Includes bibliographical references (p. [185]-197) and index
http://library.link/vocab/branchCode
  • zbnus
  • mel
Contents
Prologue : signs of silence -- Ch. 1. The rhetoric of modern law -- Ch. 2. The naming of law : sociolegal studies and political voice -- Ch. 3. What voice is this? -- Ch. 4. Flags, words, laws, and things -- Ch. 5. Behind the rules -- Ch. 6. The "field of pain and death" -- Ch. 7. Brave new words : the Miranda warning as speech act
Control code
000026644731
Dimensions
25 cm
Extent
x, 207 p.
Isbn
9780691122786
Isbn Type
(cl : acid-free paper)
Lccn
2005043018
Other physical details
ill.
http://library.link/vocab/recordID
.b21535565
System control number
  • ra21535565
  • (OCoLC)57506507

Library Locations

    • Deakin University Library - Melbourne Burwood CampusBorrow it
      221 Burwood Highway, Burwood, Victoria, 3125, AU
      -37.846510 145.115099
    • Deakin University Library - Geelong Waurn Ponds CampusBorrow it
      75 Pigdons Road, Waurn Ponds, Victoria, 3216, AU
      -38.195656 144.304955
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