Just silences : the limits and possibilities of modern law / Marianne Constable.
"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...
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| Main Author: | |
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| Format: | Ebook |
| Language: | English |
| Published: |
Princeton :
Princeton University Press,
[2005]
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| Subjects: | |
| Online Access: | SocINDEX with Full Text Contributor biographical information |
| 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." "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."--Jacket. "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." |
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| Physical Description: | 1 online resource (x, 207 pages) : illustrations |
| Format: | Mode of access: World Wide Web. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 1282458264 1400826926 9781282458260 9781400826926 |