Literary Criticisms of Law

Literary Criticisms of Law

Author: Guyora Binder

Publisher: Princeton University Press

Published: 2000-02-22

Total Pages: 557

ISBN-13: 1400823633

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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.


Law and Literature

Law and Literature

Author: Lenora Ledwon

Publisher: Routledge

Published: 2015-06-03

Total Pages: 518

ISBN-13: 1317954181

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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.


Law in a Time of Crisis

Law in a Time of Crisis

Author: Jonathan Sumption

Publisher: Profile Books

Published: 2021-03-11

Total Pages: 237

ISBN-13: 1782838074

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'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.


Narrating the Law

Narrating the Law

Author: Barry Wimpfheimer

Publisher: University of Pennsylvania Press

Published: 2011-07-19

Total Pages: 249

ISBN-13: 0812242998

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In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.


The Letters and the Law

The Letters and the Law

Author: Anna Schur

Publisher:

Published: 2022

Total Pages: 232

ISBN-13: 9780810144941

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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.


What's Left of Theory?

What's Left of Theory?

Author: Judith Butler

Publisher: Routledge

Published: 2002-09-11

Total Pages: 455

ISBN-13: 1135962863

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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.


Philosophy of Law

Philosophy of Law

Author: Raymond Wacks

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 169

ISBN-13: 0199687005

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Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.


Law's Cosmos

Law's Cosmos

Author: Victoria Wohl

Publisher: Cambridge University Press

Published: 2010-01-07

Total Pages: 377

ISBN-13: 1139483714

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Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.


Writing and Law in Late Imperial China

Writing and Law in Late Imperial China

Author: Robert E. Hegel

Publisher: University of Washington Press

Published: 2017-08-24

Total Pages: 352

ISBN-13: 0295997540

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In this fascinating, multidisciplinary volume, scholars of Chinese history, law, literature, and religions explore the intersections of legal practice with writing in many different social contexts. They consider the overlapping concerns of legal culture and the arts of crafting persuasive texts in a range of documents including crime reports, legislation, novels, prayers, and law suits. Their focus is the late Ming and Qing periods (c. 1550-1911); their documents range from plaints filed at the local level by commoners, through various texts produced by the well-to-do, to the legal opinions penned by China's emperors. Writing and Law in Late Imperial China explores works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward clergy and merchants as reflected in legal plaints, and the belief in a parallel, otherworldly judicial system that supports earthly justice.


Outrages

Outrages

Author: Naomi Wolf

Publisher: Chelsea Green Publishing

Published: 2020-10-09

Total Pages: 386

ISBN-13: 1645020169

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From New York Times bestselling author Naomi Wolf, Outrages explores the history of state-sponsored censorship and violations of personal freedoms through the inspiring, forgotten history of one writer’s refusal to stay silenced. Newly updated, first North American edition--a paperback original In 1857, Britain codified a new civil divorce law and passed a severe new obscenity law. An 1861 Act of Parliament streamlined the harsh criminalization of sodomy. These and other laws enshrined modern notions of state censorship and validated state intrusion into people’s private lives. In 1861, John Addington Symonds, a twenty-one-year-old student at Oxford who already knew he loved and was attracted to men, hastily wrote out a seeming renunciation of the long love poem he’d written to another young man. Outrages chronicles the struggle and eventual triumph of Symonds—who would become a poet, biographer, and critic—at a time in British history when even private letters that could be interpreted as homoerotic could be used as evidence in trials leading to harsh sentences under British law. Drawing on the work of a range of scholars of censorship and of LGBTQ+ legal history, Wolf depicts how state censorship, and state prosecution of same-sex sexuality, played out—decades before the infamous trial of Oscar Wilde—shadowing the lives of people who risked in new ways scrutiny by the criminal justice system. She shows how legal persecutions of writers, and of men who loved men affected Symonds and his contemporaries, including Christina and Dante Gabriel Rossetti, Algernon Charles Swinburne, Walter Pater, and the painter Simeon Solomon. All the while, Walt Whitman’s Leaves of Grass was illicitly crossing the Atlantic and finding its way into the hands of readers who reveled in the American poet’s celebration of freedom, democracy, and unfettered love. Inspired by Whitman, and despite terrible dangers he faced in doing so, Symonds kept trying, stubbornly, to find a way to express his message—that love and sex between men were not “morbid” and deviant, but natural and even ennobling. He persisted in various genres his entire life. He wrote a strikingly honest secret memoir—which he embargoed for a generation after his death—enclosing keys to a code that the author had used to embed hidden messages in his published work. He wrote the essay A Problem in Modern Ethics that was secretly shared in his lifetime and would become foundational to our modern understanding of human sexual orientation and of LGBTQ+ legal rights. This essay is now rightfully understood as one of the first gay rights manifestos in the English language. Naomi Wolf’s Outrages is a critically important book, not just for its role in helping to bring to new audiences the story of an oft-forgotten pioneer of LGBTQ+ rights who could not legally fully tell his own story in his lifetime. It is also critically important for what the book has to say about the vital and often courageous roles of publishers, booksellers, and freedom of speech in an era of growing calls for censorship and ever-escalating state violations of privacy. With Outrages, Wolf brings us the inspiring story of one man’s refusal to be silenced, and his belief in a future in which everyone would have the freedom to love and to speak without fear.