Administrative / Constitutional Law

Legal Theory and the Media of Law

By Thomas Vesting
Edward Elgar Publishing February 2018

Specifications

ISBN-13
9781784711597
Publisher
Edward Elgar Publishing
Publication
February 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

As many disciplines in the humanities have experienced a focus on culture's impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.

Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future.

The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education. Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.

Table of Contents

INTRODUCTION

PART I LANGUAGE AND SPEECH
I. Introduction: Legal Theory as Media Theory
2. Language, Media, Subjectivity
3. On the Orality of Oral Cultures
4. Oral Legal Culture and the "Ethics" of the Gift
5. Traces of Oral Legal Culture in Homer (and Hesiod)

PART II SCRIPTURE 6. Hot Writing and Cool
7. Tradition and Innovation in Writing Cultures
8. Transitions to Writing in Law
9. Specialist Writing: Roman Civil Law
10. The Comprehensive Text of Jewish Law

PART III PRINT
11. The Parchment Codex and the "Spirit" of Christianity
12. Print Culture, Print Epistemology
13. "Incarnation" of Sovereignty
14. "Excarnation" of Sovereignty
15. The Cultural Framework of the Liberal State

PART IV COMPUTER NETWORKS
16. Mass Media and Mass Culture
17. The Culture and Epistemology of Networks
18. Constitutionalism
19. Statehood and Democracy
20. Further Exemplary Fields

Bibliography
Index
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