Simon Stern
Biographic Data
| ID | 3750592 |
|---|---|
| NAME | Simon Stern |
| GIVEN NAMES | Simon |
| FAMILY NAME | Stern |
| SIGNATURE | STERN S |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0001-5247-7706 |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 2 |
| AUTHOR COUNT | 17 |
| EDITOR COUNT | 3 |
| FIRST PUBLICATION YEAR | 1955 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
British Law and Literature in the Long Eighteenth Century
The law underwent significant changes in eighteenth-century Britain as jurists and legislators adapted doctrines to fit the needs of an increasingly commercial, industrial, and imperial society. This volume reveals how legal developments of the period shaped and were shaped by imaginative writing. Reading canonical and lesserknown texts from the Restoration to the Romantic era, the chapters explore literary engagements with libel law, plague law,…
Nothing But the Fictions
This response to the essays in the special issue on fictions in law, literature and philosophy considers the results of dispensing with the requirement that legal fictions must rest on a falsehood. As the contributions show, reconsidering the subject in this way opens up space for connections with fictional thinking in literature and philosophy, and has the potential to provide a much clearer understanding of fictions’ roles and functions. The di…
Personable Reasons, Reasonable Persons, and Legal Fictions
Persons in law can be formed in four ways, explained by reference to standing, capacity, identity based on a trait, and imaginary figures. Although any of these may motivate the claim that the result is a legal fiction, that ascription does not invariably follow. The relations among persons in law and legal fictions are not straightforward because certain interpretive conditions must be satisfied to make them align. This essay explores those cond…
From Clapham to Salina
“The man on the Clapham omnibus” is an often cited but poorly understood name for the standard of reasonable care in tort. It originated in a 1903 decision in which this formula was used not to articulate a legal standard but to describe an average person whose views have no legal significance. This figure finds a cousin in another personification, as “the man who takes the magazines at home, and in the evening pushes the lawn-mower in his shirt …
Cognitive Legal Humanities
Whereas cognitive legal studies has attracted a considerable amount of attention from law professors over the past few decades, cognitive legal humanities (CLH) is only starting to gain traction. CLH brings together work in the cognitive sciences, the humanities, and law, focusing not so much on the prescriptive concerns that often animate research in cognitive legal studies, but on ways of enriching that vein of work—and legal scholarship more g…
Omniscient Narrative Modes in Law
Research in law and literature often uses the term “narrative” as a shorthand for various kinds of motivated legal reasoning, indicating that facts, doctrines, and the relations among them have been chosen and arranged for a particular purpose. Alternatively, speaking of “narrative” may be a way of conveying that one is concerned with interpretation, and may be a signal that the discussion will focus on images, symbols, representations, or ideolo…
Proximate Causation in Legal Historiography
The variety of legal history published in general-interest law journals tends to differ from the variety published in history journals. This study compares the two varieties by examining footnote references in five general-interest law journals and footnote references in two journals of legal history. In the law journals, cases and statutes accounted for the single largest group of footnotes (approximately 35%), followed by references to other la…
Oxford Handbook of Law and Humanities
How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed…
The Oxford Handbook of Law and Humanities
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes, and concepts and a variety of genres and areas of the law, this collection of chapters by leading scholars from …
Fanny Hill and the “Laws of Decency”
This essay discusses John Cleland’s novel The Memoirs of a Woman of Pleasure (1748–49), better known as Fanny Hill), in the context of eighteenth-century obscenity law and the law of search and seizure. To explain why obscenity could have been treated as a criminal offense at all, the essay discusses prosecutions against writers and actors from the later seventeenth century through Cleland’s time, showing how the criminality of the offense was ta…
Introduction
On 25 March 2017, the Centre for Innovation Law and Policy at the University of Toronto hosted a Conference on Artificial Intelligence, Technology, and the Law. The conference was supported by generous funding from the University of Toronto Press and from the Social Science and Humanities Research Council of Canada. The contributions to this special issue of the UTLJ are based on articles originally presented at the conference. Some of the speake…
The Oxford Edition of Blackstone: Commentaries on the Laws of England, Vol. 2: Of the Rights of Things
Copyright Originality and Judicial Originality
Whereas eligibility for copyright protection requires originality, that criterion is not normally applied to judicial opinions. Like other forms of legal prose, judgments are collaborative products that reflect a wide range of imitative writing practices, including quotation, paraphrase, and pastiche. Yet the definition of originality in copyright law has important commonalities with the generic expectations associated with judicial decisions. On…
From Author's Right to Property Right
Though copyright is usually categorized as a property right, efforts to justify copyright on other grounds have persisted since the eighteenth century. The Lockean defence, based on the author's labour, is usually seen as conducive to a property right but is sometimes linked instead (or in addition) to a personality right. I explore another approach that has been analysed in the doctrinal literature, but that has received less attention from hist…
Sentimental Frauds
The 2006 class action against James Frey, concerning his fabrications in A Million Little Pieces , was the first suit of its kind in the United States. There is nothing new about false memoirs, so what can explain the lawsuit? When the book was promoted on “Oprah's Book Club,” viewers were invited to respond emotionally, and saw their responses as a form of testimony. Those responses produced a sense of betrayal and inauthenticity when Frey's fal…
Tom Jones
Between Local Knowledge and National Politics
Bushell's Case' constitutes an important milestone in the history of jury nullification in Anglo-American law.In ruling that jurors may not be fined or imprisoned for returning a verdict that conflicts with the judge's assessment of the evidence, Vaughan made a formative contribution to our understanding of the jury's independence, and his opinion continues to be cited in discussions of this issue. 2Vaughan did not defend nullification: His opini…
Oroonoko
Saki's Attitude
Research Article| June 01 1994 Saki's Attitude Simon Stern Simon Stern Search for other works by this author on: This Site Google GLQ (1994) 1 (3): 275–298. https://doi.org/10.1215/10642684-1-3-275 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Simon Stern; Saki's Attitude. GLQ 1 June 1994; 1 (3): 275–298. doi: https://doi.org/10.1215/10642684-1-3-275 Download citation file: Zotero Reference Manager EasyBib Bookends Mend…
H. Corbin, Moh. Mo'in
H. Corbin, Moh. Mo'in: Nasir-e Khosraw, Kitab-e Jami' al Hikmatain, Le livre reunissant les deux sagesses, ou Harmonie de la philosophic grecque et de la théosophie ismaelienne. (Texte persan édité avec un double étude pré-liminaire en fransais et en persan.)(4), 144, (2) pp., and (4), 20, 348,(2) pp. in Persian. Tehran: Département d'Iranologie de l'lnstitut Franco-Iranien. Paris: Adrien-Maisonneuve, 1953. - Volume 17 Issue 2
From Author's Right to Property Right
Though copyright is usually categorized as a property right, efforts to justify copyright on other grounds have persisted since the eighteenth century. The Lockean defence, based on the author's labour, is usually seen as conducive to a property right but is sometimes linked instead (or in addition) to a personality right. I explore another approach that has been analysed in the doctrinal literature, but that has received less attention from hist…
Saki's Attitude
Research Article| June 01 1994 Saki's Attitude Simon Stern Simon Stern Search for other works by this author on: This Site Google GLQ (1994) 1 (3): 275–298. https://doi.org/10.1215/10642684-1-3-275 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Simon Stern; Saki's Attitude. GLQ 1 June 1994; 1 (3): 275–298. doi: https://doi.org/10.1215/10642684-1-3-275 Download citation file: Zotero Reference Manager EasyBib Bookends Mend…
H. Corbin, Moh. Mo'in
H. Corbin, Moh. Mo'in: Nasir-e Khosraw, Kitab-e Jami' al Hikmatain, Le livre reunissant les deux sagesses, ou Harmonie de la philosophic grecque et de la théosophie ismaelienne. (Texte persan édité avec un double étude pré-liminaire en fransais et en persan.)(4), 144, (2) pp., and (4), 20, 348,(2) pp. in Persian. Tehran: Département d'Iranologie de l'lnstitut Franco-Iranien. Paris: Adrien-Maisonneuve, 1953. - Volume 17 Issue 2
Saki's Attitude
Research Article| June 01 1994 Saki's Attitude Simon Stern Simon Stern Search for other works by this author on: This Site Google GLQ (1994) 1 (3): 275–298. https://doi.org/10.1215/10642684-1-3-275 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Simon Stern; Saki's Attitude. GLQ 1 June 1994; 1 (3): 275–298. doi: https://doi.org/10.1215/10642684-1-3-275 Download citation file: Zotero Reference Manager EasyBib Bookends Mend…
Oroonoko
Between Local Knowledge and National Politics
Bushell's Case' constitutes an important milestone in the history of jury nullification in Anglo-American law.In ruling that jurors may not be fined or imprisoned for returning a verdict that conflicts with the judge's assessment of the evidence, Vaughan made a formative contribution to our understanding of the jury's independence, and his opinion continues to be cited in discussions of this issue. 2Vaughan did not defend nullification: His opini…
Tom Jones
Sentimental Frauds
The 2006 class action against James Frey, concerning his fabrications in A Million Little Pieces , was the first suit of its kind in the United States. There is nothing new about false memoirs, so what can explain the lawsuit? When the book was promoted on “Oprah's Book Club,” viewers were invited to respond emotionally, and saw their responses as a form of testimony. Those responses produced a sense of betrayal and inauthenticity when Frey's fal…
From Author's Right to Property Right
Though copyright is usually categorized as a property right, efforts to justify copyright on other grounds have persisted since the eighteenth century. The Lockean defence, based on the author's labour, is usually seen as conducive to a property right but is sometimes linked instead (or in addition) to a personality right. I explore another approach that has been analysed in the doctrinal literature, but that has received less attention from hist…
Copyright Originality and Judicial Originality
Whereas eligibility for copyright protection requires originality, that criterion is not normally applied to judicial opinions. Like other forms of legal prose, judgments are collaborative products that reflect a wide range of imitative writing practices, including quotation, paraphrase, and pastiche. Yet the definition of originality in copyright law has important commonalities with the generic expectations associated with judicial decisions. On…
The Oxford Edition of Blackstone: Commentaries on the Laws of England, Vol. 2: Of the Rights of Things
Introduction
On 25 March 2017, the Centre for Innovation Law and Policy at the University of Toronto hosted a Conference on Artificial Intelligence, Technology, and the Law. The conference was supported by generous funding from the University of Toronto Press and from the Social Science and Humanities Research Council of Canada. The contributions to this special issue of the UTLJ are based on articles originally presented at the conference. Some of the speake…
The Oxford Handbook of Law and Humanities
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes, and concepts and a variety of genres and areas of the law, this collection of chapters by leading scholars from …
Fanny Hill and the “Laws of Decency”
This essay discusses John Cleland’s novel The Memoirs of a Woman of Pleasure (1748–49), better known as Fanny Hill), in the context of eighteenth-century obscenity law and the law of search and seizure. To explain why obscenity could have been treated as a criminal offense at all, the essay discusses prosecutions against writers and actors from the later seventeenth century through Cleland’s time, showing how the criminality of the offense was ta…
Oxford Handbook of Law and Humanities
How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed…
Proximate Causation in Legal Historiography
The variety of legal history published in general-interest law journals tends to differ from the variety published in history journals. This study compares the two varieties by examining footnote references in five general-interest law journals and footnote references in two journals of legal history. In the law journals, cases and statutes accounted for the single largest group of footnotes (approximately 35%), followed by references to other la…
Cognitive Legal Humanities
Whereas cognitive legal studies has attracted a considerable amount of attention from law professors over the past few decades, cognitive legal humanities (CLH) is only starting to gain traction. CLH brings together work in the cognitive sciences, the humanities, and law, focusing not so much on the prescriptive concerns that often animate research in cognitive legal studies, but on ways of enriching that vein of work—and legal scholarship more g…
Omniscient Narrative Modes in Law
Research in law and literature often uses the term “narrative” as a shorthand for various kinds of motivated legal reasoning, indicating that facts, doctrines, and the relations among them have been chosen and arranged for a particular purpose. Alternatively, speaking of “narrative” may be a way of conveying that one is concerned with interpretation, and may be a signal that the discussion will focus on images, symbols, representations, or ideolo…
From Clapham to Salina
“The man on the Clapham omnibus” is an often cited but poorly understood name for the standard of reasonable care in tort. It originated in a 1903 decision in which this formula was used not to articulate a legal standard but to describe an average person whose views have no legal significance. This figure finds a cousin in another personification, as “the man who takes the magazines at home, and in the evening pushes the lawn-mower in his shirt …
British Law and Literature in the Long Eighteenth Century
The law underwent significant changes in eighteenth-century Britain as jurists and legislators adapted doctrines to fit the needs of an increasingly commercial, industrial, and imperial society. This volume reveals how legal developments of the period shaped and were shaped by imaginative writing. Reading canonical and lesserknown texts from the Restoration to the Romantic era, the chapters explore literary engagements with libel law, plague law,…
Nothing But the Fictions
This response to the essays in the special issue on fictions in law, literature and philosophy considers the results of dispensing with the requirement that legal fictions must rest on a falsehood. As the contributions show, reconsidering the subject in this way opens up space for connections with fictional thinking in literature and philosophy, and has the potential to provide a much clearer understanding of fictions’ roles and functions. The di…
Personable Reasons, Reasonable Persons, and Legal Fictions
Persons in law can be formed in four ways, explained by reference to standing, capacity, identity based on a trait, and imaginary figures. Although any of these may motivate the claim that the result is a legal fiction, that ascription does not invariably follow. The relations among persons in law and legal fictions are not straightforward because certain interpretive conditions must be satisfied to make them align. This essay explores those cond…
Law (12 works) · Philosophy (12 works) · Political science (12 works) · Law in Society and Culture (8 works) · Sociology (8 works) · History (7 works) · Computer Science (6 works) · Epistemology (6 works) · Law (6 works) · Philosophy (5 works)