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- Law and literature
- Law & Literature
- Benjamin N. Cardozo, Law and literature (1925)
- Law and literature: A feminist perspective
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Law and literature
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Law & Literature
This new edition of Richard Posner's book will no doubt enhance its already sterling reputation. In reviewing the second edition of ten years ago, I wrote that since its first appearance in , it had "established itself as one of the 'standard texts' for the field of literature and law" because "Posner has an encyclopaedic knowledge of literatures from a range of eras and cultures, and he draws liberally from them in his identification of law literature relations. The latest edition amplifies the virtues of the previous ones. Wide-ranging, well-written, and erudite, it could not only serve as the basic text for courses on literature and law, but also stimulate anyone interested in the books and the ideas Posner treats, and there is a plethora of both. It should particularly interest specialists in nineteenth-century literature, which produced many of the fundamental works that are now standard in the literature and law canon, such as Bleak House , Brothers Karamazov, Crime and Punishment , and Billy Budd. A short examination of Posner's central passages about Bleak House provide a sense of where the strengths of law and literature analyses lie. In his discussion of Dickens, Posner usefully compares the treatment of the chancery proceedings in Bleak House to those of the court in Franz Kafka's The Trial : "the early nineteenth-century English chancery court, with its leisurely course, its emphasis on documentary evidence, and its inquisitorial procedure, resembled the Continental courts more than it did the common law courts of England and America"
1. Wigmore, A List of Legal Novels, 2 ILL. L. REv. (); see Papke, Law and. Literature: A Comment.
Benjamin N. Cardozo, Law and literature (1925)
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Law and literature: A feminist perspective
This is a preview of subscription content, access via your institution. Rent this article via DeepDyve. Google Scholar. The popularly used distinction in Law and Literature is between law as literature, and law in literature. The former suggests that law is everywhere and at all times a literary enterprise, and so its scholarship seeks to present literary critical approaches to legal texts. The latter advocates the use of literary texts as a supplementary mechanism for describing the legal situation. In other words, using texts such as Shakespeare's Richard II to describe the nature of medieval constitutional law, or Dicken's Bleak House as a portrayal of the evils of nineteenth century legal process.
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The law and literature movement focuses on the interdisciplinary connection between law and literature. This field has roots in two major developments in the intellectual history of law—first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be plugged into a large cultural or philosophical or social-science context to give it value and meaning; and, second, the growing focus on the mutability of meaning in all texts, whether literary or legal. Those who work in the field stress one or the other of two complementary perspectives: Law in literature understanding enduring issues as they are explored in great literary texts and law as literature understanding legal texts by reference to methods of literary interpretation, analysis, and critique. This movement has broad and potentially far reaching implications with regards to future teaching methods , scholarship , and interpretations of legal texts. Combining literature's ability to provide unique insight into the human condition through text with the legal framework that regulates those human experiences in reality gives a democratic judiciary a new and dynamic approach to reaching the aims of providing a just and moral society.
The Critical Work of Law and Literature Introduction Simon Stern bio , Cheryl Suzack bio , and Greig Henderson bio The debates in law and literature studies represented by this special issue focus on the intersections between contemporary issues that arise in modern courtrooms and comparative analyses of legal rhetoric and literary representation. These intersections tie the two fields together. To date, studies in law and literature have been largely thematic for a number of reasons: to maintain the integrity and stable epistemological boundaries of the two fields, to focus on stylistic concerns and parallels, to emphasize correspondences in terms of mimetic practices of law that are reflected in works of the literary imagination, to situate comparative frameworks or ideas, to explore how characters are fated toward an encounter with law, and to emphasize the formation of the legal mind see Baron; Brooks; Cover; Felman; Henderson; Peters; Stern; and White.
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