Rehumanizing Law: A Theory of Law and Democracy

Introduction

PART I: Law and Narrative: Reexamining the Relationship

1. Describing Law in Terms of Autonomy
2. Narrative as the Basis of Law and the Humanities
3. Shelley’s Case, Part 1: Law of The Jungle
4. Shelley’s Case, Part 2: Silent Spring
5. Law, Literature, and Narrative
6. What is Narrative?
7. How Narratives Interact to Influence Legislation
8. Text in Context
9. What’s Truth Have to Do with It?
10. Whose Story to Believe?

PART II: Institutionalizing Narratives

1. Narrative and the Normative Syllogism
2. The Narrative Nudge
3. When Narratives Clash
4. Changes in Narrative, Changes in Law
5. Law’s Constraints: Genetic or Precedential?
6. Novelizing Law
7. Resisting Narratives: Keeping the Outside Out
8. Absorbing Narratives: Letting the Outside In
9. What Law Can Learn from Literature (and History)

PART III: Law, Narrative, and Democracy

1. The Rule of Law and Its Limits
2. Toward a Democratic Rule of Law
3. The Jury as a Structural Safeguard of Democracy
4. The Democratic Role of Interpretive Communities
5. A Study in Contrasts: The Rodney King and O.J. Simpson Juries
6. Is Jury Nullification Democratic and Within the Rule of Law?
7. Some Thoughts on Democratic Interpretation

PART IV: Narrative as Democratic Reasoning

1. The Narrative Shape of Deliberation
2. Law-as-Discipline
3. The Problem with Appellate Practice and Appellate Opinions
4. (Re)Introducing Narratives in the Classroom
5. Democratic Education, Private Reason, and the Law

A Conclusion of Sorts

Notes
Bibliography
Index