Justice as Translation: An Essay in Cultural and Legal by James Boyd White

By James Boyd White

White extends his belief of usa legislation as a constitutive rhetoric shaping American criminal tradition that he proposed in When phrases Lose Their Meaning, and asks how american citizens can and may criticize this tradition and the texts it creates. In choosing if a judicial opinion is nice or undesirable, he explores the potential of cultural feedback, the character of conceptual language, the nature of financial and felony discourse, and definitely the right expectancies for severe and analytic writing. White employs his special approach through interpreting person circumstances concerning the Fourth modification of the USA structure and demonstrates how a pass judgement on interprets the evidence and the felony culture, making a textual content that constructs a political and moral neighborhood with its readers.

"White has given us not only a singular solution to the normal jurisprudential questions, but additionally a brand new method of examining and comparing judicial evaluations, and therefore a brand new appreciation of the freedom which they proceed to protect."—Robin West, Times Literary Supplement

"James Boyd White will be nominated for a seat at the splendid courtroom, completely at the power of this booklet. . . . Justice as Translation is a crucial paintings of philosophy, but it's written in a lucid, pleasant kind that calls for no history in philosophy. it is going to rework how you take into consideration law."—Henry Cohen, Federal Bar information & Journal

"White calls us to upward thrust above the customarily deadening and dreary language within which we're taught to put in writing professionally. . . . it's demanding to visualize equaling the readability of eloquence of White's problem. The it sounds as if easy grace of his prose conveys advanced strategies with misleading simplicity."—Elizabeth Mertz, Yale magazine of legislation and the Humanities

"Justice as Translation, like White's prior paintings, presents a fresh reminder that the arts, regardless of the pummelling they've got lately persevered, might be humane."—Kenneth L. Karst, Michigan legislation Review

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To look at everything from the point of view of exchange is, naturally enough, to regard the universe as a collection of items for potential exchange, and in this sense to itemize it. When an exchange takes place, these items enter the economic system and become part of what we mean by productivity. Where no exchange actually takes place-as where wealth is created and consumed by the same person, or where leisure is chosen over work-the economic effect of the ac­ tor's decision is not disregarded by professional economists (as it of­ ten is in popular economic thought), but it is still measured by the value of an imagined exchange, the one the actor has forgone.

And thought that it realizes, were our only language, our only habits. Economics, after all, is among other things a way of imagining the world, and we can ask what life would be like on the terms it pro­ vides: Who are the actors in this universe, with what relations to each other and to the natural world? In what social and intellectual prac­ tices do they engage? What possibilities for meaning, for community, for self-understanding, for art-what motives for action, what con­ ceptions of happiness-are enacted in this discourse?

Economic analysis assumes as a given the existence of "tastes" or "preferences" which drive the system, but economics as a language can provide no way of talking about them, whether in oneself or an­ other, no way of thinking about which to prefer and which not. * choices one made. This in turn means that it is impossible to talk in these terms about our most important choices as individuals and communities, or about the education of mind or heart, for any im­ pulse that we or others may happen to have is as good, or as valid, as the next and is as entitled to respect as any other.

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