So You Haven't Taught Legal Writing in a While...

2019 ◽  
Author(s):  
Judith M. Stinson
Keyword(s):  
Author(s):  
Rebecca Skreslet Hernandez

The response to a speech made by Egypt’s President ʿAbd al-Fattāḥ al-Sīsī in January 2015 on the occasion of the Prophet Muḥammad’s birthday celebrations that asked for “religious revolution” demonstrates the continuing importance of examining discursive trends in Islamic thought. The strategies of a fifteenth-century scholar, al-Suyūṭī, who framed his own identity as a jurist in his legal writing casts light on how contemporary scholars are using his legacy to define who they are in a time of crisis and upheaval in modern Egypt. Understanding how Islamic thinkers justify their interpretation of Sharīʿa can inform a positive response to the geopolitical realities that the Muslim world faces today.


Ramus ◽  
1992 ◽  
Vol 21 (1) ◽  
pp. 61-78 ◽  
Author(s):  
Michael Gagarin

A growing area of contemporary legal scholarship is the field loosely described by the expression ‘law and literature’. One of the many points of intersection between law and literature is the study of legal writing, including the opinions of judges and jurists, as a form of literature. Scholars began to study the works of the Attic orators as literature as early as the first century BC, but their specific concern was with these texts as examples of Attic prose and their literary interest primarily concerned matters of rhetoric and prose style. Similarly, modern scholars who have continued this study of the orators have generally examined legal orations not as a separate genre but as another example of prose literature in the same category with history or epideictic oratory. But forensic oratory can also be studied as a form of literature sui generis, whose worth is determined by the special requirements of this genre. As background for such a study I propose to examine the earliest examples of legal oratory, as seen in the works of Homer and Hesiod.


Author(s):  
Hermann Patsch

Abstract Ludwig von Mühlenfels as Advocatus Schleiermacheri. An addendum. The editorial copy of the “Allgemeine Zeitung” has survived in the Cotta-Archive with the names of the contributors. This has made it possible to identify belatedly the author of the apologia “Another word about Schleiermacher” in the “Außerordentliche Beilage der Allgemeinen Zeitung” (Augsburg) of April 2, 1834. It was Ludwig Friedrich von Mühlenfels (1793–1861). Mühlenfels, who led a rather varied life, was related to Schleiermacher’s wife Henriette, and thus belonged to Schleiermacher’s extended family. (1) Member of Lützow’s Freicorps. On Schleiermacher’s suggestion, Mühlenfels participated in the war of liberation against Napoleon as a volunteer with the “Black Hunters”, in the end in the so-called Battle of the Nations at Leipzig. He finished the study of law in 1816 and, on probation, joined the prosecutor’s office in Cologne where the French legal code was still in force. (2) Incarcerated as a demagogue under the investigating judge E. T. A. Hoffmann. Mühlenfels became one of the formative figures in the early history of German fraternities and participated in the Wartburg Festival in October 1817. He was arrested in July 1819 by the authorities in Berlin, charged with activities as a demagogue and incarcerated in Berlin on September 17. Mühlenfels contested the jurisdiction of the authorities in Berlin and refused to testify. The investigative judge was the writer and composer E. T. A. Hoffmann who wanted to have Mühlenfels released, and who later used him as a literary figure in a satirical novel. (3) Flight from Berlin – Exile in Sweden. On May 5, 1821, Mühlenfels succeeded in fleeing to Sweden where he made a meagerly living as a private tutor. (4) Professor for German and Scandinavian Literature in London – Return to Prussia. In October 1827, Mühlenfels reached London. Supported by some German scholars, he obtained the Chair for German and Scandinavian at the newly founded University College. He taught there until 1831 and publishedseveral textbooks. When he was acquitted by a court ruling in 1830, he returned to the Prussian public service in August 1831 and gradually built a solid career. (5) The defender of Schleiermacher. His apologia of Schleiermacher written in opposition to the obituary by Gutzkow is a masterpiece of literary and legal writing. – First publication: Six letters between Mühlenfels, Henriette and Friedrich Schleiermacher, and Georg Andreas Reimer.


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