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The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of nonexperience – one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such nonexperience colours the overlapping relationship between law and literary modernism. Chapters on E. M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insight to scholars and students of twentieth-century literature, cultural studies, and the history of law and philosophy.
Levay analyzes representations of the criminal in British and American modernism from the late nineteenth century to the 1950s.
"The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of non-experience--one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such non-experience colours the overlapping relationship between law and literary modernism. Chapters on E.M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insights to scholars and students of twentieth-century literature, cultural studies and the history of law and philosophy."--Jacket.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Examines U.S. obscenity trials in the early twentieth century and how they framed a wide-ranging debate about the printed word's power to deprave, offend, and shape behavior.
How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.
This book examines how the cultural and ethical power of literature allowed writers and readers to reflect on the practice of capital punishment in the UK, Ireland and the US between 1890 and 1950. It explores how connections between ‘high’ and ‘popular’ culture seem particularly inextricable where the death penalty is at stake, analysing a range of forms including major works of canonical literature, detective fiction, plays, polemics, criminological and psychoanalytic tracts and letters and memoirs. The book addresses conceptual understandings of the modern death penalty, including themes such as confession, the gothic, life-writing and the human-animal binary. It also discusses the role of conflict in shaping the representation of capital punishment, including chapters on the Easter Rising, on World War I, on colonial and quasi-colonial conflict and on World War II. Ebury’s overall approach aims to improve our understanding of the centrality of the death penalty and the role it played in major twentieth century literary movements and historical events.
In Staging the Trials of Modernism, Dale Barleben explores the interactions among literature, cultural studies, and the law through detailed analyses of select British modern writers including Oscar Wilde, Joseph Conrad, Ford Madox Ford, and James Joyce. By tracing the relationships between the literature, authors, media, and judicial procedure of the time, Barleben illuminates the somewhat macabre element of modern British trial process, which still enacts and re-enacts itself throughout contemporary judicial systems of the British Commonwealth. Using little seen legal documents, like Ford's contempt trial decision, Staging the Trials of Modernism uncovers the conversations between the interior style of British Modern authors and the ways in which law began rethinking concepts like intent and the subconscious. Barleben’s fresh insights offer a nuanced look into the ways in which law influences literary production.
Considering a range of neglected material, this book provides a richer view of how crime and criminality were understood between the wars.
During the second half of the nineteenth century and the first half of the twentieth, insurgencies erupted in imperial states and colonies around the world, including Britain’s. As Nicole Rizzuto shows, the writings of Ukrainian-born Joseph Conrad, Anglo-Irish Rebecca West, Jamaicans H. G. de Lisser and V. S. Reid, and Kenyan Ng gi wa Thiong’o testify to contested events in colonial modernity in ways that question premises underlying approaches in trauma and memory studies and invite us to reassess divisions and classifications in literary studies that generate such categories as modernist, colonial, postcolonial, national, and world literatures. Departing from tenets of modernist studies and from methods in the field of trauma and memory studies, Rizzuto contends that acute as well as chronic disruptions to imperial and national power and the legal and extra-legal responses they inspired shape the formal practices of literatures from the modernist, colonial, and postcolonial periods.