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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
Author
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 religions 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
Cataloging source
N$T
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
Just silences : the limits and possibilities of modern law, Marianne Constable
Label
Just silences : the limits and possibilities of modern law, Marianne Constable
Link
http://www.jstor.org/stable/10.2307/j.ctt7rhwj
Publication
Related Contributor
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Antecedent source
unknown
Bibliography note
Includes bibliographical references (pages 185-197) and index
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Cover; Contents; Acknowledgments; Prologue: Signs of Silence; Chapter One The Rhetoric of Modern Law; Chapter Two The Naming of Law: Sociolegal Studies and Political Voice; Chapter Three What Voice Is This?; Chapter Four Flags, Words, Laws, and Things; Chapter Five Behind the Rules; Chapter Six The "Field of Pain and Death"; Chapter Seven Brave New Words: The Miranda Warning as Speech Act; Conclusion; Epilogue; Appendix 1; Appendix 2; Works Cited; Index
http://library.link/vocab/cover_art
https://contentcafe2.btol.com/ContentCafe/Jacket.aspx?Return=1&Type=S&Value=9781400826926&userID=ebsco-test&password=ebsco-test
Dimensions
unknown
http://library.link/vocab/discovery_link
{'f': 'http://opac.lib.rpi.edu/record=b4325373'}
Extent
1 online resource (x, 207 pages)
File format
unknown
Form of item
online
Isbn
9781400826926
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
c
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote

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      42.729766 -73.682577
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