期刊名称：No Foundations : Journal of Extreme Legal Positivism
电子版ISSN：1797-2264
出版年度：2015
期号：12
出版社：CoE Foundations
摘要：Marianne Constable’s Our Word is Our Bond is a rhetorical and jurisprudential investigation into modern law’s embeddedness in language and its relation to justice, an alternative to those who would define law as a system of rules, as a regulatory science, a problem-solving technique, or as an instrument of power. At the most basic level, Our Word is Our Bond argues that modern law (mostly of the Anglo-American variety, but not only ) exists rhetorically, in the sense that legal institutions and claims such as promises, oaths, pleas, contracts, marriages, torts, criminal indictments, and judgments come to fruition through acts of language—which include symbols, gestures, and silences. To say that language is central to law, to be sure, is not to say that language is all there is to law, or that all law is reducible to language; in fact, ‘law cannot be reduced to anything’ (Constable 2014, 132), which could be taken as the central programmatic statement of the book.
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