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This volume is a Nordic contribution to research on law and humanities. It treats the legal culture of the Nordic countries through intensive analyses of canonical Nordic artworks. Law and justice have always been important issues in Nordic literature, film and theater from the Icelandic sagas through Ludvig Holberg and Henrik Ibsen to Lars Noréns theatre and Lars von Trier's Dogme films of today. This book strives to answer two fundamental questions: Is there a special Nordic justice? And what does the legal and literary/aesthetic culture of the North mean for the concept of law and justice and for the understanding of the interdisciplinary exchange of law and humanities? The concept of law and literature as a research area was originally developed in countries of common law. This book investigates law and humanities from a different legal tradition, and contributes thus both to the discussion of the general and the comparative studies of law and humanities.
"Theaters of Justice is an important and highly readable in-depth study of post-war legal and literary events that continue to exert their influence on the contemporary understanding of justice and historical truth."---Ulrich Baer, New York University --
Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
This collection brings together contemporary work from Britain, Germany and the United States on how law and lawyers have been represented in film, particularly in the past 40 years. The collection recognises the major influence of Hollywood and the American legal system and seeks to explore the nature and significance of this dominance. A historical dimension to the portrayal of law and film. The nature and actual impact of the dominant Anglo-American portrayal is include. A European dimension is provided.
The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well as detailed and fascinating studies into areas such as evidence and truth, inheritance, sex, vigilantism and justice. Each chapter examines a number of familiar authors and texts including Shakespeare, Brecht, Austen, Dickens, Ishiguro, Beecher-Stowe, Atwood, Miller. The book also opens up the broader study of law as it relates to culture in such areas as film, television, and digital media and how they affect such issues as a right to privacy, copyright and creative reworking, and censorship. Mark Fortier offers a concise, systemic introduction to the law and legal system for the lay person, covering basic notions of justice and law (fundamental justice, natural law, positive law) and the legal system (common law vs civil law, case law, statute, constitutional law, private law [tort, contract, property], criminal law, equity, basic rules of evidence, stare decisis, the adversarial system) as well as a very handy glossary of legal terms. This is a fascinating guide to a very topical and increasingly relevant area of literary studies.
This book looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. 'Calls for justice' may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. This study shows how art operates as an interface, here, between two spheres: the larger realm of justice and the more specific system of law. This interface has a double potential. It can make law and justice affirm or productively disturb one another. Approaching issues of injustice that are felt globally, eight chapters focus on original works of art not dealt with before, including Milo Rau's The Congo Tribunal, Elfriede Jelinek's Ulrike Maria Stuart, Valeria Luiselli's Tell Me How It Ends and Nicolas Winding Refn's Only God Forgives. They demonstrate how through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. The book considers the improvement of law and justice to be a global struggle and, whilst the issues dealt with are culture-specific, it argues that the logics introduced are applicable everywhere.
From a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. Criminology Goes to the Movies connects with ways in which students are already thinking criminologically through engagements with popular culture, encouraging them to use the everyday world as a vehicle for theorizing and understanding both crime and perceptions of criminality. The first work to bring a systematic and sophisticated criminological perspective to bear on crime films, Rafter and Brown's book provides a fresh way of looking at cinema, using the concepts and analytical tools of criminology to uncover previously unnoticed meanings in film, ultimately making the study of criminological theory more engaging and effective for students while simultaneously demonstrating how theories of crime circulate in our mass-mediated worlds. The result is an illuminating new way of seeing movies and a delightful way of learning about criminology.
This book interrogates the various manifestations of rival systems of justice in the plays and films of Martin McDonagh, in analysis informed by the critical writings of Michael J. Sandel, Steven Pinker, Julia Kristeva, and in particular Amartya Sen on violence, justice, equality and the law. In McDonagh’s works, failures to investigate adequately criminal actions are matched by multiple forced confessions and umpteen miscarriages of justice. The author explores McDonagh’s creative worlds as ones where distinctions between victim and perpetrator and guilt and innocence are precarious, where the burden of truth seldom reaches the threshold of beyond reasonable doubt and where the punishments and rewards of justice are applied randomly. This project considers the abject nature of justice in McDonagh’s writing, with the vast implications of justice being fragile, suspect, piecemeal, deviant, haphazard and random. Tentative forms of justice are tempered and then threatened by provocative, anarchic and abject humour. As the author argues, McDonagh’s writing cleverly circulates rival, incompatible and comparative systems of justice in order to substantiate the necessities and virtues of justice.
The relationship between law and literature is rich and complex. In the past three and half decades, the topic has received much attention from literary critics and legal scholars studying modern literature. Despite the prominence of law and justice in Ancient Greek literature, there has been little interest among Classical scholars in the connections between law and drama. This is the first collection of essays to approach Greek tragedy and comedy from a legal perspective. The volume does not claim to provide an exhaustive treatment of law and literature in ancient Greece. Rather it provides a sample of different approaches to the topic. Some essays show how knowledge of Athenian law enhances our understanding of individual passages in Attic drama and the mimes of Herodas and enriches our appreciation of dramatic techniques. Other essays examine the information provided about legal procedure found in Aristophanes' comedies or the views about the role of law in society expressed in Attic drama. The collection reveals reveal how the study of law and legal procedure can enhance our understanding of ancient drama and bring new insights to the interpretation of individual plays.
Finalist, 2021 Wall Award (Formerly the Theatre Library Association Award) The untold story behind one of America’s greatest dramas In early 1957, a low-budget black-and-white movie opened across the United States. Consisting of little more than a dozen men arguing in a dingy room, it was a failure at the box office and soon faded from view. Today, 12 Angry Men is acclaimed as a movie classic, revered by the critics, beloved by the public, and widely performed as a stage play, touching audiences around the world. It is also a favorite of the legal profession for its portrayal of ordinary citizens reaching a just verdict and widely taught for its depiction of group dynamics and human relations. Few twentieth-century American dramatic works have had the acclaim and impact of 12 Angry Men. Reginald Rose and the Journey of “12 Angry Men” tells two stories: the life of a great writer and the journey of his most famous work, one that ultimately outshined its author. More than any writer in the Golden Age of Television, Reginald Rose took up vital social issues of the day—from racial prejudice to juvenile delinquency to civil liberties—and made them accessible to a wide audience. His 1960s series, The Defenders, was the finest drama of its age and set the standard for legal dramas. This book brings Reginald Rose’s long and successful career, its origins and accomplishments, into view at long last. By placing 12 Angry Men in its historical and social context—the rise of television, the blacklist, and the struggle for civil rights—author Phil Rosenzweig traces the story of this brilliant courtroom drama, beginning with the chance experience that inspired Rose, to its performance on CBS’s Westinghouse Studio One in 1954, to the feature film with Henry Fonda. The book describes Sidney Lumet’s casting, the sudden death of one actor, and the contribution of cinematographer Boris Kaufman. It explores the various drafts of the drama, with characters modified and scenes added and deleted, with Rose settling on the shattering climax only days before filming began. Drawing on extensive research and brimming with insight, this book casts new light on one of America’s great dramas—and about its author, a man of immense talent and courage. Author royalties will be donated equally to the Feerick Center for Social Justice at Fordham Law School and the Justice John Paul Stevens Jury Center at Chicago-Kent College of Law.