Fictions Lies And The Authority Of Law

Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life??cancel culture,? the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fiction, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, ?the loss of the groundwork of the world.? Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly?problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith?s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

This is the first book to thematically investigate lying in the American legal system.

Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do’s and don’ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.

How could he be a good boy and a bad boy at the same time? The TRUTH is what is. FICTION is not reality—but it can help us to see the TRUTH through stories, e.g., The Boy Who Cried Wolf. LIES deceive, for evil purposes, and for good purposes. But what happens when what we think is the TRUTH turns out to be a LIE? In his ninth decade, the author, who has spent his life creating FICTION to examine TRUTH, decided to write the story of his life, truthfully. But, in the process of examining his life—his prayers, works, joys and sufferings—he discovers it becomes more and more difficult to distinguish the TRUTH from the LIES. And the chief insights into the reality of a life he thought noble, his FICTION—often in the form of dreams—reveals his true nature as a failure in his professed faith—until a good woman shows him the way out of his dark forest.

In 1959 Virginia, Sarah, a black student who is one of the first to attend a newly integrated school, forces Linda, a white integration opponent's daughter, to confront harsh truths when they work together on a school project.

Imaginative Resistance, Queer Fiction and the Law develops a novel account of how heteronormative sociolegal orders undermine the well-being of same-sex attracted people, even when these normative orders may fall short of coercively interfering with their choices. Queer well-being is generally studied from psychological perspectives, through the concept of ‘minority stress.’ Taking four texts of mid-century Anglo-American queer fiction as illustrative case studies, this book argues – in a philosophical rather than a psychological register – that heteronormativity also affects queer well-being in more intangible ways. The central claim is that heteronormativity shackles the imagination: it curtails no less the imaginative reach of authors of queer fiction, than our ability – engaged as we are in projects of self-authorship – to make-believe personal futures in which same-sex intimacy is brought to bear on our well-being. The book’s central claim re-works a concept central to the philosophy of fiction – ‘imaginative resistance’ – and puts it into service of questions raised in moral philosophy. Apart from its political and normative implications – strengthening the case for at least some global gay rights – and from challenging some of queer theory’s orthodoxies, the book also makes contributions to queer literary history, criticism and biography. Drawing on archival material and personal interviews, fresh readings are offered of Charles Jackson’s The Fall of Valor (1946), Gillian Freeman’s The Leather Boys (1961), and Patricia Highsmith’s The Price of Salt (1952) and The Talented Mr Ripley (1955), making a case for their inclusion in the queer literary canon. Imaginative Resistance, Queer Fiction and the Law will appeal to students of literary criticism, queer sociolegal history, law & literature, the philosophy of fiction, and queer theory, politics and ethics.