Description
Book SynopsisGrounding the author's claims about modern law in rhetorical analyses of US law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, this book asks what we are to make of silences in modern law and justice.
Trade Review"Referencing Nietzsche, Heidegger, and Foucault, this thought-provoking book shows that the history of Western jurisprudence until the era of Utilitarianism dealt with the relationship of law to justice, of the temporal to the eternal... Marianne Constable seems to suggest that moments of contemplation enable us to be grasped by the justice of transcendence."--Choice "[Just Silences] is a probing recognition and response to the 'social fact' that now 'law is power.'"--Linda Ross Meyer, Law and Literature
Table of ContentsAcknowledgments ix Prologue: Signs of Silence 1 Chapter One: The Rhetoric of Modern Law 8 Chapter Two: The Naming of Law: Sociolegal Studies and Political Voice 45 Chapter Three: What Voice Is This? 74 Chapter Four: Flags, Words, Laws, and Things 93 Chapter Five: Behind the Rules 111 Chapter Six: The "Field of Pain and Death" 132 Chapter Seven: Brave New Words: The Miranda Warning as Speech Act 149 Conclusion 175 Epilogue 179 Appendix 1 181 Appendix 2 182 Works Cited 185 Index 199
