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Twentieth century fiction from text to context by Verdonk, Peter , Weber, Jean Jacques
Add a tag. Public Private login e. Add a tag Cancel Be the first to add a tag for this edition. Lists What are lists? Unlike the law in literature scholars, these minds only see possibilities in the tools of literary theory, and not really the subject of the great novel that law students often find themselves reading, although most might agree that literature serves a purpose that allows for ethical development and growth within the student.
Benjamin N. Cardozo was a proponent of law as literature. Convinced that style could not be separated from substance, Cardozo brought the Judicial process to life in lucid, eloquent prose sprinkled with humor, anecdotes, and practical allusions. While James Boyd White acknowledges the relevance of the law-in-literature perspective, he finds law-as-literature more tenable because of the position's ability to combine the two seemingly disparate disciplines and allow for text to fulfill its role of defining culture and creating relationships. Both for its characters and readers, this novel is in a sense about reading and what reading means.
Ronald Dworkin also supports the arguments in favor of the use of literature to improve legal understanding.
Literature from Page to Interface: The Treatments of Text in Christophe Bruno’s Iterature
In his article, Law as Interpretation , Dworkin stated, "I propose that we can improve our understanding of law by comparing legal interpretation with interpretation in other fields of knowledge, particularly literature. The Law and Literature movement in Europe is wide-ranging and fruitful and a number of networks in Europe are significant to the movement.
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Frankfurt: Peter Lang, a. Law and Literature in Europe is energetic but at times less self-promoting than its American counterpart. Post-conference productions such as the Oxford University Press collection Law and Literature: Current Legal Issues Volume 2: Law and edited by Michael Freeman and Andrew Lewis are testament to the number of approaches opened up by this interdisciplinary approach.
In the United Kingdom, scholars of note include Maria Aristodemou, with her Law and Literature from her to eternity, which looks at a number of texts from ancient Greek to modern day novels from a feminist and postmodern perspective. Adam Gearey's Law and Aesthetics provides a discussion of aesthetics and ethics relevant to contemporary law and literature scholarship, and to the development of postmodern jurisprudence, using a range of reference points from classical literature, from Sophocles to Shelley to Nietzsche.
Professor Ian Ward, Law and Literature: Possibilities and Perspectives which considers a range of texts from Shakespeare , to children's literature, to Ivan Klima and Umberto Eco and, more recently Ward's Law, Text, Terror, looking at the phenomena of terror and the rhetoric of terrorism tracing back through literature, popular culture and politics. Ballard , John Fowles , J. Coetzee , Virginia Woolf and Iris Murdoch , whilst her Secrets and Laws provides a range of essays on legal and political issues of note, from ethics, terrorism and identity to notions of obscenity, rape, sex and violence, through the prism of poetry, W.
Auden and R.
Thomas as well as 19th and 20th century works of fiction. These instances of European outputs in the Law and Literature movement are in no way representative of the large literature to be found in articles written by the above named scholars as well as others in the field. Jack Balkin is a professor of constitutional law at Yale Law School.
While his work in legal rhetoric draws on literary theory, he contends that law is best analogized to the performing arts such as music and drama , rather than to literature. For this reason, there is little to no work in which Balkin analyzes literature's relevance to the law, but his applications of the argument through other artistic mediums gain him admission to this discussion, as well.
In his views on politics and its effect on legal standards, Balkin adheres to what is known as " partisan entrenchment ". This theory states that the party that controls the White House can place in the federal courts judges and justices that share the President 's political views. This in turn affects Supreme Court justices and, ultimately, constitutional doctrine.
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His work focuses upon the construction in narrative of the person, either in law with examples from the domain of Convention refugees and undocumented immigrants or in literary texts, from a perspective that references the work of Mikhail Mikhailovich Bakhtin , Pierre Bourdieu , Marc Angenot , Michael Holquist and others. A longtime contributor to the field, and a frequent reviewer of texts relating to it, Barsky works to bring a humanistic approach that favors dialogism, storytelling and empathy to the many realms captured by the idea of border-crossing.
Because much of the legal corpus to which he refers emanates from the realm of migration studies, he has also contributed widely to translation and interpretations studies, with reference to both legal and literary texts. She started her career at the University of Bologna. Her fields of research are: Renaissance theatre, Postmodern fiction, literature and visual arts, the influence of Plato on twentieth-century English literature, law and literature.
She started working on law and literature in the s and introduced the topic in Italy. Among her latest publications: Daniela Carpi ed.
Fairy Tales in a Legal Context. De Gruyter ,. In , he was a visiting professor in the Faculty of Law at Makerere University , Uganda; and in a visiting professor at the University of Pretoria. His present project concerns political justice.
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In The Times Higher Education , Gearey commented on his work on James Joyce 's chaotic novel, Finnegans Wake , and ideas of law, stating I tried to trace the ways the account of the giving of the law in the Bible fed into the narratives of Finnegans Wake. Just as the Bible appropriated the Jewish Old Test-ament account of the law, Joyce's novel, in its turn, rewrote the Gospel narratives, to become a messianic announcement of the female messiah and a new law of love. These ideas could not have been thought without the encouragement of the " critical legal theory " scene. But it would be wrong to see this as a "movement".
It is an impossible community of those who disagree as much as they agree. Leaning to broadly continental traditions of thought, to psychoanalysis , post-Marxism and feminism , there is a strong sense of sustained and creative dialogue in "critical" circles. In The Concept of Injustice  he presents a literary approach to reasoning about justice.
Central to Heinze's research is the thesis that law is constantly underpinned by necessary, yet conflicting and irreconcilable theories of its own legitimacy. Hutchinson is a legal theorist and has devoted a lot of time to examining the failure of law. He also believes there is no central or primary foundational interpretive method for interpreting the law.
The main point of his work is the judging of "an engaged game of rhetorical justification" which the judge must interpret, such as a statute , a line of precedents , or the Fourteenth Amendment to the United States Constitution. He has a nonfoundationalist perspective which searches for the truth that forms reality. Hutchinson says that method and medium must change, so self-creation becomes the engine and energy of social change. You can grasp life by living and this task cannot be completed by outside language or through language.
Hutchinson argues that politically charged and unstable context shapes our understanding of legal rules. Hutchinson's understanding of truth confirms that law is politics. A nonfoundationalist account of law is compatible with a diverse range of political results. A definitive account of Hutchinson's legacy was published in The Journal Jurisprudence , Vol 7, in the summer of He is also on the editorial board for Studies in Law and Literature. Ward believes that students in both fields, law and literature, can benefit from studying rhetoric alongside law.
His research lies in legal theory and public law among others. Ward has published numerous works dealing with law and literature and legal theory. In his publication Law and Literature: Possibilities and Perspectives , Ward discusses the future goals of the law and literature movement while exploring elements of law in famous pieces of literature. In chapter 1 of this publication, Ward describes law in literature as the process of examining "the possible relevance of literary text, particularly those which present themselves as telling a legal story , as texts appropriate for study by legal scholars.
He states discussing the debate about the importance of the Law and Literature Movement shows "its enduring strength. Another advocate for the integration of legal studies with the serious examination of literary texts, Robin West has frequently turned to Kafka 's The Trial to discuss the rule of law. As a critic of Richard Posner 's more economic take on the law, she does not dismiss the implications made by authors in legal fictional texts.
For example, when discussing Kafka, West asserts that:. Obedience to legal rules to which we would have consented relieves us of the task of evaluating the morality and prudence of our actions.
Comments such as these show West's ideological stand on the power of literature as well as her personal philosophy of law. West's arguments tend to focus on the human condition as read in books as well as the individual submission to authority, and what she believes to be an apparent contradiction. She calls for scholars to interpret, create and critique narrative texts in order to broaden their understanding of the human condition, and the law's effect on it and the community as a whole.