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How do lawyers, judges and jurors read novels? And what is at stake when literature and law confront each other in the courtroom? Nineteenth-century England and France are remembered for their active legal prosecution of literature, and this book examines the ways in which five novels were interpreted in the courtroom: Gustave Flaubert’s Madame Bovary, Paul Bonnetain’s Charlot s’amuse, Henry Vizetelly’s English translation of Émile Zola’s La Terre, Oscar Wilde’s The Picture of Dorian Gray and Radclyffe Hall’s The Well of Loneliness. It argues that each of these novels attracted legal censure because they presented figures of sexual dissidence – the androgyne, the onanist or masturbator, the patricide, the homosexual and the lesbian – that called into question an increasingly fragile normative, middleclass masculinity. Offering close readings of the novels themselves, and of legal material from the proceedings, such as the trial transcripts and judicial opinions, the book addresses both the doctrinal dimensions of Victorian obscenity and censorship, as well as the reading practices at work in the courtroom. It situates the cases in their historical context, and highlights how each trial constitutes a scene of reading – an encounter between literature and the law – through which different forms of masculinity were shaped, bolstered or challenged.
This History is the first in a century to trace the development and impact of the novel in French from its beginnings to the present. Leading specialists explore how novelists writing in French have responded to the diverse personal, economic, socio-political, cultural-artistic and environmental factors that shaped their worlds. From the novel's medieval precursors to the impact of the internet, the History provides fresh accounts of canonical and lesser-known authors, offering a global perspective beyond the national borders of 'the Hexagon' to explore France's colonial past and its legacies. Accessible chapters range widely, including the French novel in Sub-Saharan Africa, data analysis of the novel system in the seventeenth century, social critique in women's writing, Sade's banned works and more. Highlighting continuities and divergence between and within different periods, this lively volume offers routes through a diverse literary landscape while encouraging comparison and connection-making between writers, works and historical periods.
English Legal Histories is an exciting and innovative approach to the study of English law. Written in an accessible style intended for students as well as a broader audience, it takes the reader beyond the narrower confines of legal doctrines and cases, and invites them to consider the myriad contexts within which English law has been shaped: the politics, the economics, the art, the poetry. Reaching from the Reformation through to the age of Reform, it tells stories, the 'histories', of English law. Histories of the constitution and government, of crime and contracts, tort and trespass, property and equity. Of the people who made that law, those who wrote it, and those who suffered it. For it is in the end a human story, of justice and injustice, of success and failure, good luck and bad. The law is full of statutes and instruments, cases and precedent, but its history is full of people and peculiarity. Which is what, of course, makes it so endlessly fascinating.
Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
From a distinguished literary historian, a look at Gustave Flaubert and his correspondence with George Sand during France's "terrible year" -- summer 1870 through spring 1871 From the summer of 1870 through the spring of 1871, France suffered a humiliating defeat in its war against Prussia and witnessed bloody class warfare that culminated in the crushing of the Paris Commune. In Flaubert in the Ruins of Paris, Peter Brooks examines why Flaubert thought his recently published novel, Sentimental Education, was prophetic of the upheavals in France during this "terrible year," and how Flaubert's life and that of his compatriots were changed forever. Brooks uses letters between Flaubert and his novelist friend and confidante George Sand to tell the story of Flaubert and his work, exploring his political commitments and his understanding of war, occupation, insurrection, and bloody political repression. Interweaving history, art history, and literary criticism-from Flaubert's magnificent novel of historical despair, to the building of the reactionary monument the Sacréoeur on Paris's highest summit, to the emergence of photography as historical witness-Brooks sheds new light on the pivotal moment when France redefined herself for the modern world.
In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.
Investigation into how a shared narrative of law and cinema produces ways of collectively remembering mass violence in postcolonial India.
11 Some words: the story of Wibari -- 12 The Wind Watchers' tale: Wibari and the Rogue Protectors -- 13 A poem: an ode to the children of Guatemala -- 14 Modern cannibalism: the trade in human body parts -- Part IV Bioinsecurity -- 15 Some words -- 16 The Wind Watchers' tale: Bringers of the Red Dust -- 17 A poem: in search of immortality (an ode to the scientists) -- 18 The insidious disease of bioinsecurity: bats and badgers at large! -- Part V Last words -- 19 A poem: to the little people -- 20 In conclusion: some reflective thoughts
What are the implications of comics for law? Tackling this question, On Comics and Legal Aesthetics explores the epistemological dimensions of comics and the way this once-maligned medium can help think about – and reshape – the form of law. Traversing comics, critical, and cultural legal studies, it seeks to enrich the theorisation of comics with a critical aesthetics that expands its value and significance for law, as well as knowledge more generally. It argues that comics’ multimodality – its hybrid structure, which represents a meeting point of text, image, reason, and aesthetics – opens understanding of the limits of law’s rational texts by shifting between multiple frames and modes of presentation. Comics thereby exposes the way all forms of knowledge are shaped out of an unstructured universe, becoming a mask over this chaotic ‘beyond’. This mask of knowing remains haunted – by that which it can never fully capture or represent. Comics thus models knowledge as an infinity of nested frames haunted by the chaos without structure. In such a model, the multiple aspects of law become one region of a vast and bottomless cascade of perspectives – an infinite multiframe that extends far beyond the traditional confines of the comics page, rendering law boundless.
In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.