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A detailed taxonomy of scholarship in the field of law and an abstracted bibliography is available in this accompanying volume to Heald's Literature and Legal Problem Solving: Law and Literature as Ethical Discourse.
María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.
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.
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.
Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.