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Rehumanizing Law
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Table of Contents

Introduction

PART I: Law and Narrative: Reexamining the Relationship

  • Describing Law in Terms of Autonomy
  • Narrative as the Basis of Law and the Humanities
  • Shelley’s Case, Part 1: Law of The Jungle
  • Shelley’s Case, Part 2: Silent Spring
  • Law, Literature, and Narrative
  • What is Narrative?
  • How Narratives Interact to Influence Legislation
  • Text in Context
  • What’s Truth Have to Do with It?
  • Whose Story to Believe?
  • PART II: Institutionalizing Narratives

  • Narrative and the Normative Syllogism
  • The Narrative Nudge
  • When Narratives Clash
  • Changes in Narrative, Changes in Law
  • Law’s Constraints: Genetic or Precedential?
  • Novelizing Law
  • Resisting Narratives: Keeping the Outside Out
  • Absorbing Narratives: Letting the Outside In
  • What Law Can Learn from Literature (and History)
  • PART III: Law, Narrative, and Democracy

  • The Rule of Law and Its Limits
  • Toward a Democratic Rule of Law
  • The Jury as a Structural Safeguard of Democracy
  • The Democratic Role of Interpretive Communities
  • A Study in Contrasts: The Rodney King and O.J. Simpson Juries
  • Is Jury Nullification Democratic and Within the Rule of Law?
  • Some Thoughts on Democratic Interpretation
  • PART IV: Narrative as Democratic Reasoning

  • The Narrative Shape of Deliberation
  • Law-as-Discipline
  • The Problem with Appellate Practice and Appellate Opinions
  • (Re)Introducing Narratives in the Classroom
  • Democratic Education, Private Reason, and the Law
  • A Conclusion of Sorts

    Notes
    Bibliography
    Index

    About the Author

    Randy D. Gordon is an adjunct professor in the Dedman School of Law and a lecturer in English at Southern Methodist University. He is a partner in the Complex Litigation Group of Gardere Wynne Sewell LLP.

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