Law and literature pdf
"What Remains "Real" About the Law and Literature Movement?: A Global A" by Richard WeisbergLaw and Critique. If judgment is understood as writing, then it is opened out onto the contexts which structure it, but which it must disavow or repress. To investigate this process, we read the judicial judgment of a killing of a gay man. In this text, the context that is simultaneously cited and repressed is that of literature - and specifically, Julius Caesar by William Shakespeare. Literature functions not as law's other in this judgment, but as a legal concept. Its chief performative effect is the concealment of a corpse: literature enables law to forget the wounds of the murdered man, and to bury his corpse within the grammar of fate. Our reading is an attempt to illuminate the scene of this crime.
Fatal (F)laws: Law, Literature and Writing
This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition poetry and drama and of new legal epistemologies of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics, and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations property, marriage, witchcraft, contract, corporate personhood ; authorial liability libel, censorship, press regulation ; rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law the British archipelago, colonialism, empire. Keywords: law , forensic rhetoric , Shakespeare , Inns of Court , legal profession , local governance , marriage , contract , sovereignty , international law , the state , equity.
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. It is necessary, in practical thought and discussion about the use of legal rhetoric , to understand text's role in defining human experience. Perhaps first to envision the movement were John Wigmore and Benjamin Cardozo , who acknowledged " novelists and poets " as the principal teachers of law in the first half of the 20th century.
Forgot password? Don't have an account? Literary texts and legal texts share certain similarities, as the past thirty years have often urged. Both require a certain interpretive engagement to be able to understand the text's implications, while at the same time being faithful to it. This chapter, however, takes the differences that distinguish the legal and literary text from one another.
Bradin Cormack, Martha C. Nussbaum, and Richard Strier
After the heyday of the law and literature movement in the s and s, many wondered whether it would retain vitality and influence. Yet in recent years, scholarship in law and literature continues to flourish, broadening into a number of new directions. This collection of essays by twenty-two prominent scholars from literature departments as well as law schools showcases the vibrancy of recent work in the field, at the same time as it takes stock of many of the new directions shaping the interdiscipline. In so doing, New Directions in Law and Literature furnishes an overview of where the In so doing, New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the innovative methodological approaches that helped to enlarge the field; among these are concern for globalization, the integration of insights from history and political theory, the application of new theoretical models from affect studies and queer theory, and the expansion of study beyond the text to performance and the image. Together, the essays in this volume offer a diverse, evolving portrait of the wide variety of work in law and literature, and in the process they likewise chart new lines of inquiry that beginning scholars might pursue.