- Filename: law-and-literature.
- ISBN: 0521474744
- Release Date: 1995-05-26
- Number of pages: 264
- Author: Ian Ward
- Publisher: Cambridge University Press
The interdisciplinary theory of law and literature, and its application to the literary text.
The interdisciplinary theory of law and literature, and its application to the literary text.
Twenty-nine collected essays represent a critical history of Shakespeare's play as text and as theater, beginning with Samuel Johnson in 1765, and ending with a review of the Royal Shakespeare Company production in 1991. The criticism centers on three aspects of the play: the love/friendship debate.
From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Law and Literature is the only book-length treatment of a widely popular subject that is drawing considerable academic attention. Leading legal scholar Richard Posner believes that courses and scholarship in law and literature provide an attractive alternative to courses and scholarship in jurisprudence (philosophy of law), especially since the study of literature can assist lawyers and judges by sharpening their rhetorical skills. The revised edition features considerable new material, including a consideration of plagiarism as well as discussions of novels that grapple with issues very pertinent today, such as illegal immigration, global warming, bioterrorism, surveillance, artificial reproduction, and virtual reality. Posner also discusses the role of the law in popular literature, movies, and television.
The constant call to admit guilt amounts almost to a tyranny of confession today. We demand tell-all tales in the public dramas of the courtroom, the talk shows, and in print, as well as in the more private spaces of the confessional and the psychoanalyst's office. Yet we are also deeply uneasy with the concept: how can we tell whether a confession is true? What if it has been coerced? In Troubling Confessions, Peter Brooks juxtaposes cases from law and literature to explore the kinds of truth we associate with confessions, and why we both rely on them and regard them with suspicion. For centuries the law has considered confession to be "the queen of proofs," yet it has also seen a need to regulate confessions and the circumstances under which they are made, as evidenced in the continuing debate over the Miranda decision. Western culture has made confessional speech a prime measure of authenticity, seeing it as an expression of selfhood that bears witness to personal truth. Yet the urge to confess may be motivated by inextricable layers of shame, guilt, self-loathing, the desire to propitiate figures of authority. Literature has often understood the problematic nature of confession better than the law, as Brooks demonstrates in perceptive readings of legal cases set against works by Rousseau, Dostoevsky, Joyce, and Camus, among others. Mitya in The Brothers Karamazov captures the trouble with confessional speech eloquently when he offers his confession with the anguished plea: this is a confession; handle with care. By questioning the truths of confession, Peter Brooks challenges us to reconsider how we demand confessions and what we do with them.
This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.
What is an author? What is a text? At a time when the definition of "text" is expanding and the technology whereby texts are produced and disseminated is changing at an explosive rate, the ways "authorship" is defined and rights conferred upon authors must also be reconsidered. This volume argues that contemporary copyright law, rooted as it is in a nineteenth-century Romantic understanding of the author as a solitary creative genius, may be inapposite to the realities of cultural production. Drawing together distinguished scholars from literature, law, and the social sciences, the volume explores the social and cultural construction of authorship as a step toward redefining notions of authorship and copyright for today's world. These essays, illustrating cultural studies in action, are aggressively interdisciplinary and wide-ranging in topic and approach. Questions of collective and collaborative authorship in both contemporary and early modern contexts are addressed. Other topics include moral theory and authorship; copyright and the balance between competing interests of authors and the public; problems of international copyright; musical sampling and its impact on "fair use" doctrine; cinematic authorship; quotation and libel; alternative views of authorship as exemplified by nineteenth-century women's clubs and by the Renaissance commonplace book; authorship in relation to broadcast media and to the teaching of writing; and the material dimension of authorship as demonstrated by Milton's publishing contract. Contributors. Rosemary J. Coombe, Margreta de Grazia, Marvin D'Lugo, John Feather, N. N. Feltes, Ann Ruggles Gere, Peter Jaszi, Gerhard Joseph, Peter Lindenbaum, Andrea A. Lunsford and Lisa Ede, Jeffrey A. Masten, Thomas Pfau, Monroe E. Price and Malla Pollack, Mark Rose, Marlon B. Ross, David Sanjek, Thomas Streeter, Jim Swan, Max W. Thomas, Martha Woodmansee, Alfred C. Yen
Once hailed as a promising new way to think about law and as opening a vital conversation about literature the question is whether the law and literature enterprise has lived up to its initial promise. This is a contemporary study of law and literature. It includes contributions by an international group of leading scholars.
Through the creative use of literary analysis, Memory, Imagination, Justice provides a critical and highly original discussion of contemporary topics in criminal law and bioethics. Using popular and classical texts, by authors including Shakespeare, Dickens, Euripides, Kafka, the Brothers Grimm, Huxley and Margaret Atwood, this volume sheds fresh light on such controversial legal and ethical issues as passionate homicide, life sentences, child pornography and genetic enhancement.
Despite their apparent separation, law and literature have been closely linked fields throughout history. Linguistic creativity is central to the law, with literary modes such as narrative and metaphor infiltrating legal texts. Equally, legal norms of good and bad conduct, of identity and human responsibility, are reflected or subverted in literature's engagement with questions of law and justice. Law seeks to regulate creative expression, while literary texts critique and sometimes openly resist the law. Kieran Dolin introduces this interdisciplinary field, focusing on the many ways that law and literature have addressed and engaged with each other. He charts the history of the shifting relations between the two disciplines, from the open affiliation between literature and law in the sixteenth-century Inns of Court to the less visible links of contemporary culture. Originally published in 2007, this book provides an accessible guide to one of the most exciting areas of interdisciplinary scholarship.
Surveys the field of law and literature, discusses literature with legal themes, and examines the application of literary theory to judicial texts
This comprehensive and provocative second volume of a new series entitled `Current Legal Issues' shows that although law is literature, it also features in literature such as Shakespeare, Dickens, and Hardy. Texts analyzed range from drama to novels to film and musical performance and interpretation to the Bible. It is to be published each Spring as a sister volume to `Current Legal Problems'.
In Cross Examinations of Law and Literature Brook Thomas uses legal thought and legal practice as a lens through which to read some of the important fictions of antebellum America. The lens reflects both ways, and we learn as much about the literature in the context of contemporary legal concerns as we do about the legal ideologies that the fiction subverts or reveals. Successive chapters deal with Cooper's Pioneers and Hawthorne's The House of Seven Gables (property law and the image of the judiciary), Melville's "Benito Cereno" and Stowe's Uncle Tom's Cabin (slavery), Melville's White Jacket, Pierre and "Bartleby" (worker exploitation or wage slavery), The Confidence-Man (contracts), and finally, "Billy Budd," which examines a number of issues illustrative of the triumph of legal formalism after the Civil War.
The two sagas here presented in translation with commentary belong to a class of medieval Icelandic texts commonly called family sagas. There are some three dozen of these sagas, composed for the most part in the thirteenth century, which tell stories about leading Icelandic figures and families from the time of the island's colonization around 900 to the middle of the eleventh century. This book contains the only complete translation of Ljosvetninga saga in English and the only English commentary on either saga. The authors aim to present the basic material needed for an informed reading of the Icelandic sagas. Both represent a school that urges that the sagas be refocused as historical documents, and they represent the two approaches to rehistorian (Andersson), the other a social and legal historian (Miller). One attempts to tie the sagas more closely to medieval literature and oral literature in general. The other attempts to define the relationship between the sagas and the social systems in which they evolved, and is much influenced by American legal realism and law-and-society scholarship."