This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

Resource development takes place through the transformation of social institutions. The moral dimension is of crucial importance in the evolution of associated management regimes. More than just a code of ethics, moralities are predicated on what is understood to be 'the good'. Recognition of the good requires a rhetoric beyond those of power and interest. This paper proposes a rhetoric of love. Within this conception of morality, the management of human relationships becomes understood as an unfolding cycle of choice among (...) tragic choices and management of the non-human environment is accomplished through the realisation of the gift relationship. (shrink)

Intercultural discourse (especially via a lingua franca when interlocutors have a false impression that they are speaking one and the same language) adds a new dimension – facework (the establishment of culture-sensitive politeness strategies) – to the theory and practice of argumentation from a number of perspectives: its specificity as compared to ordinary argumentational discourse, the interpretation of the concept of incommensurability, and the conduct of international negotiations. Politeness systems relevant for different cultures are not unpredictable, but represent linguistically and (...) cognitively a highly generalised universal system which can be adopted by interlocutors and used in practical discourse. Politeness expressions are governed by linguistic components – by language forms of a certain type and by specific discourse patterns. The proper choice of language forms and discourse patterns adds a special dimension to argumentative schemata. The politeness-relevant packaging of discourse adds a zero-step to the normative stages of an argumentative discussion (establishing hierarchical relations as such), and needs permanent alignment of these relations, by using correct language forms and discourse patterns. (shrink)