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In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
Literary Theory and Criticism: An Introduction provides an accessible overview of major figures and movements in literary theory and criticism from antiquity to the twenty-first century. It is designed for students at the undergraduate level or for others needing a broad synthesis of the long history of literary theory. An introductory chapter provides an overview of some of the major issues within literary theory and criticism; further chapters survey theory and criticism in antiquity, the Middle Ages and Renaissance, the Enlightenment, and the nineteenth century. For twentieth- and twenty-first-century theory, the discussion is subdivided into separate chapters on formalist, historicist, political, and psychoanalytic approaches. The final chapter applies a variety of theoretical concepts and approaches to two famous works of literature: William Shakespeare’s Hamlet and Mary Shelley’s Frankenstein.
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.
Nineteenth-century Russian literature abounds in negative images of lawyers and the law. The Letters and the Law is the first book to frame the conflict between writers and lawyers as a competition for cultural authority.
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
For several years, write the editors of What's Left of Theory , a debate on the politics of theory has been conducted energetically within literary studies. The terms of the debate, however, are far from clear. What is meant by politics? What is meant by theory? What's Left of Theory is a vigorous engagement with that thorniest of critical questions: how today are theory and progressive thought connected? Michael Warner, activist and critic, examines 'zones of privacy and zones of theory' while law professor Janet Halley considers theory and its applicability to sex harassment. Jeff Nunokawa examines Oscar Wilde, Marjorie Levinson reads Elizabeth Bishop alongside National Geographic ; John Brenkman considers 'extreme criticism', Michael Berube the 'future of contingency'; William Connolly addresses the matter of secularism, Gayatri Spivak explores what she calls 'theory-remains', and Jonathan Culler demonstrates once again his gift for explaining the complex in an essay that identifies 'the literary in theory'. Editors Butler, Guillory, and Thomas have brought together not only outstanding questioners, but outstanding questions. As their introduction puts it, Are there ways of pursuing a politically reflective literary analysis that have definitively left theory behind, and must 'theory' be left behind for left literary analysis to emerge? Has the study of literature passed beyond its encounter with theory? If so, in passing beyond theory, has it remained unchanged? Does the recent cry for a 'return to literature' signal the surpassing of theory, the fact that literature remains after theory? Does literature remain (the same) after theory? For students of literature and the humanities in general, these questions are not only left: they endure.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
What do we think of when we think of literary critics? Enlightenment snobs in powdered wigs? Professional experts? Cloistered academics? Through the end of the 20th century, book review columns and literary magazines held onto an evolving but stable critical paradigm, premised on expertise, objectivity, and carefully measured response. And then the Internet happened. From the editors of Review 31 and 3:AM Magazine, The Digital Critic brings together a diverse group of perspectives—early-adopters, Internet skeptics, bloggers, novelists, editors, and others—to address the future of literature and scholarship in a world of Facebook likes, Twitter wars, and Amazon book reviews. It takes stock of the so-called Literary Internet up to the present moment, and considers the future of criticism: its promise, its threats of decline, and its mutation, perhaps, into something else entirely. With contributions from Robert Barry, Russell Bennetts, Michael Bhaskar, Louis Bury, Lauren Elkin, Scott Esposito, Marc Farrant, Orit Gat, Thea Hawlin, Ellen Jones, Anna Kiernan, Luke Neima, Will Self, Jonathon Sturgeon, Sara Veale, Laura Waddell, and Joanna Walsh.
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.