The Legal Case: Cross-Currents in Law and the Humanities
re-examines the seemingly familiar notion of a legal case by
exploring the histories, practices, conventions and rhetoric of
case law . The doctrine of stare decisis, whereby courts are bound
by precedent cases, underpins legal reasoning in the common law
world. At the same time, the legal case is itself a product of
institutional and linguistic practices, and raises broader
questions about the foundations and boundaries of law. The idea of
the case as an ordered, closed narrative with a determinate outcome
is, for example, integral to medical, psychoanalytic, as well as
forensic discourses; whilst the notion of the strange case is a
popular one in the English fiction of the late nineteenth century.
What is at stake in the attempt to categorise or define a situation
as a legal case? Is the notion of binding precedent in case law
really distinctive to the common law? And if so, why? What can the
concept of a case in other disciplines and discourses tell us about
how it operates in law? With contributions from legal philosophers,
legal historians, literary critics, and linguists, this book moves
beyond the jurisprudential discussion of the nature and authority
of the legal case, as it draws on insights from philosophy, m
linguistics, narratology, drama, and film.
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