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
opinions as gestures in response to previous gestures
Published by Thriftbooks.com User , 15 years ago
One of the founding texts in the Law and Literature movement, Justice as Translation delivers a compelling discussion--White would not, and it would be wrong to, call it an argument--of the way in which law should be practiced informed by literary and critical theory as well as contemporary post-structuralist ethics. He proposes that the ways in which legal decisions should be made is through a close reading of the relevant texts and through what he calls translation of these texts into the context at hand. Rather than appealing to either to the "intention" of the authors of the text--as he writes, "the one intent that we securely know was the intent to publish this language as effective"--or to the "plain meaning"--he suggests that such moves really serve to mask an ulterior movement to follow one prejudices without reflection, since what is most plainly true of language is that it has no "plain meaning"--he calls for an engaged attempt to work through what the language means on account of its historical and cultural context and to translate--as one must translate a poem, as a gesture in response to a previous gesture, as he puts it--that meaning into the present context.
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