Ebook Justice as Translation: An Essay in Cultural and Legal Criticism, by James Boyd White
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Justice as Translation: An Essay in Cultural and Legal Criticism, by James Boyd White
Ebook Justice as Translation: An Essay in Cultural and Legal Criticism, by James Boyd White
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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
- Sales Rank: #1558087 in Books
- Published on: 1994-10-17
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.00" w x 6.00" l, 1.00 pounds
- Binding: Paperback
- 332 pages
From the Back Cover
A pioneer in the law and humanities, James Boyd White here develops a way of criticizing the work of judges that he then uses as the basis for a more general method of cultural criticism. White argues that analytic philosophy and economics are inadequate as modes of legal criticism. He turns instead to the practice of translation to expose the intellectual and ethical center of legal experience and to connect it with other forms of cultural action. The unified vision of law and cultural process defined in this book provides a ground both for the criticism of law and for a general understanding of the ways in which we negotiate our identities and build our communities through language.
Most helpful customer reviews
0 of 0 people found the following review helpful.
Outstanding Integrative Thinking
By Matthew L. Miller
This book, by James Boyd White, is a classic example of well constructed argument. White's goal, as the title reveals, is to show the idea of translation ultimately leads to the reality of justice. In the first chapter Boyd uses academic discourse as an example of injustice. He argues that the inaccessibility of academic discourse to the average person, and even the way academics use one another's work (skimming through as quickly as possible) is dehumanizing.
He then argues for the need of integration and communication between disciplines, and argues that such discourse helps us to understand each other better not only conceptually, but also humanly. Boyd then shows how poetry is humanizing because it is the consummate expression of integrative thinking. Using these premises Boyd proceeds to examine several supreme court decisions showing how the opinion of the majority and dissenting judges either humanize or dehumanize the subjects in their case by the way understand them and communicate to them through language.
This moves White into the realm of Hermeneutics and into teh translation of texts. He examines interpretive issues as they relate to the constitution and shows how some methods such "original intent" dehumanize others as well as the text itself and ultimately collapses on itself. He then demonstrates the power of dynamic interpretation can provide justice by taking recognition of the legal tradition of the west, and cultural changes. Finally, Boyd shows how translation--integrated in cross disciplinary measure provides justice.
In my view, this book is an outstanding achievement worthy of consideration of linguists, philosophers, lawyers, and even English language scholars.
0 of 0 people found the following review helpful.
opinions as gestures in response to previous gestures
By N Chan
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.
0 of 1 people found the following review helpful.
Its alright.
By Adam G. Kirchmann
hit and miss. Some points were dead on, and some seemed off to me.
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