This collection of essays by twenty-two prominent scholars from literature departments and law schools showcases the vibrancy of recent work in law and literature and highlights its many new directions since the field's heyday in the 1970s and 80s.
After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.
Europe is a broad and multifaceted construct, variously understood as a geographical, political, legal, institutional, social, or cultural formation. It is characterized by numerous conflicts and processes of negotiation that have accompanied or sustained the development of normative orders and divergent conceptions of law, both in relation to individual states and to Europe as a whole. The same applies to the field of literature, language, and aesthetics; numerous myths and ideologies have shaped today’s understanding of Europe and still support it today. This volume examines how such processes were legally structured, and literarily addressed, criticized, and complemented. Its interdisciplinary perspective and open and dynamic, both dialogical and dialectical format intends to replicate the fragmented, sometimes conflicting, but always productive mosaic of voices, ideas, and concepts that have constituted and still constitute Europe, whether in the past, present, or future. Instead of resolving any of the complexities and contradictions that frame discussions on law, literature, and Europe, it aims to induce further engagement and confrontations with new and alternative visions of Europe.
Promoting cultural and scientific creativity, and knowledge and understanding, cultural rights work as atrocity prevention tools and enable people to aspire to a better future.
From Law and Literature to Legality and Affect argues for the continued vitality of Law and Literature. Traditional methods of Law and Literature are combined with work in critical media studies, affect, and cultural narratology to address topics such as ethnonationalism, anti-immigration sentiment, and systemic racism in Germany and the United States. Taking stock of the diversification of the field at fifty years, this book understands Law and Literature as a political project. It has a precedent in inaugural Law and Literature texts such as Jacob Grimm's Von der Poesie im Recht (On the Poetry in Law) from 1815/16, which imagined an alternative legal order that was grounded in the unity of law, poetic language, and feeling. The political thrust of Law and Literature continues up into the present in the arts of BlackLivesMatter, which document and resist police violence. Law and Literature offers keys for understanding how legal identities are constructed, for analyzing how legal texts are constructed, and for comprehending how cultural-legal issues are mediated affectively. Using cultural, medial, affect theoretical, and narrative analyses of law, a revitalized Law and Literature offers a set of methods and theories with which to address the most pressing issues of the present.
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
This comprehensive Handbook provides a critical and analytical guide to the application of interdisciplinary research methods in EU law and explores the advancement of the EU legal landscape from an interdisciplinary research perspective. Venturing beyond doctrinal legal scholarship, it reflects on the cognitive synergies between EU law and other disciplines, and advances the debate on contemporary trends in EU law research. This title contains one or more Open Access chapters.
This book engages legal and literary texts in order to examine acquaintance crimes, such as rape, sexual harassment, stalking, and domestic abuse, and to challenge how the victim’s physical or psychological "freeze response" is commonly and inaccurately mistaken for her consent. Following increased interest in the #MeToo movement and the discoveries of sexual abuse by numerous public figures, this book analyzes themes in law and literature that discredit victims and protect wrongdoers. Interpreting a present-day novel alongside legislation and written court cases, each chapter pairs a fictional text with a nonfictional counterpart. In these pairings, the themes, events, and arguments of each are carefully unpacked and compared against one another. As the cross-readings unfold, we learn that a victim does not "ask for it," and she should not arouse suspicions just because she does not fight, run away, or report the crime. Instead, and as this book demonstrates, the more common and most practical response is to become physically and mentally paralyzed by fear; the victim dissociates, shuts down, and remains stuck in the fright and captivity of abuse. This book will interest scholars and students working in, and especially at the intersection of, law, literature, gender studies, and criminology.
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.