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In this book the authors work on an innovative comparison between law and literature, starting from the modes in which law and literature function: they read law and literature as arts of compromising.
First published in 1996. The first anthology of its kind in this dynamic new field of study, this volume offers students the best of both worlds-theory and literature. Organized around specific themes to facilitate use of the text in a variety of courses, the material is highly accessible to undergraduates and is suitable as well for graduate students and law students. The anthology includes important articles by key figures in the law and literature debate, and presents seven thematically arranged sections that: Survey the various theoretical perspectives that inform the relationship of law and literature Examine the interplay of ethics, law, and justice * Highlight the great scope and variety of the law's contributions to the creation of a world view * Illustrate various legal approaches to punishment * Detail and analyze the law's inherent capacity for the oppression of individuals and groups * Demonstrate that law is grounded in language and storytelling * Show that despite its solemnity, the law has a comic side Each section includes excerpts from poetry, drama, fiction, and nonfiction. The excerpts include writings addressing the law's impact on the "outsider" (women, Native Americans, Hispanics, African Americans, and homosexuals), as well as writings by lawyers, judges, and law professors, giving the reader an "insider's" view of the legal system. The selections range from Plato to John Barth and Wallace Stevens. At this time of increased interest in the quality of legal writing, this course material illustrates the importance of language, word choice, metaphor, and narrative. It demonstrates the practical application of literary effects, techniques, and devices, and provides valuable insights into law as a vital component of the social fabric. SPECIAL FEATURES All law schools that do not already have one in place are required to institute a course in Law and Literature. This new anthology is the first of its kind, and has been specifically designed to meet the requirements of a Law and Literature course * Selections from judges, lawyers, and professors of law give students an insider's view of the legal system * Chronological coverage-from Plato to such 20th-century writers as John Barth and Wallace Stevens-offers students a broad range of selections that examine the relationship between law, justice, ethics, and literature * Multicultural writings address the law's capacity for the oppression of individuals and groups, including women, Native Americans, African Americans, Hispanics, and homosexuals * Law and punishment-several selections examine this area from various points of view. Suitable for courses in: Law and literature courses in law schools and undergraduate divisions as well as interdisciplinary courses in English literature.
This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal pragmatism is not through bare theoretical exegesis but through literature: that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee, and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars, readers of literary criticism, and those with interests in pragmatist philosophy.
A resource to help judges, lawyers, scholars, and students gain insight into the real lives of women whom the law purports to represent but whose self-representations have historically been excluded from legal discourse.
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.
Using literature as a source of challenges to questions in philosophy and law, this book exlores the inculcation of the legal subject and the relationship between "modernism" and "postmodernism", as well as how such concepts might evolve in the construction of community ethics.
A pioneer of the the new law and literature movement narrates its central vision, which he calls poethics: the revival of jurisprudence through literary sources and techniques. He argues that lawyers, like novelists, must use language that is precise, passionate and real, in order to tell their stories clearly and persuasively.