The Villainies of a Facetious Jurist

Author(s):  
Jonathan Patterson

The Breton nobleman Noël Du Fail (c.1520–91) had an eventful career during which he distinguished himself in law and literature. This chapter focuses primarily on his three literary works written in a villainous style that is overtly facetious. His early writings parody rural community conflicts: peasant disputes which resemble vilains cas but which are not resolved through the local courts. Du Fail’s later contes reflect a somewhat pessimistic outlook on the direction in which his legal profession—and France’s social orders more generally—were headed. Du Fail’s fictious world, like Nenna’s (cf. Chapter 2), is one in which noble and vile merge together, but the dialogues and exchanges are altogether coarser than those of Nenna’s interlocutors.

Author(s):  
François Ost

This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as opposed to justice and the judge, which form the heart of the ‘law and literature’ movement. This disparity is likely due to the collective fascination with the judge as the embodiment of justice. The air of mystery that often surrounds arbitration can also be explained by the difference between the way in which it is presented in fictional texts and in modern law. Literature does not usually apprehend arbitration in the strict understanding of a private judge chosen by the parties, who adjudicates on a dispute by rendering a final and binding award which he cannot enforce without the assistance of state courts. Yet literature’s approximations in the treatment of arbitration are precisely what makes them interesting, in that they shed a welcome light on a justice that is both broader and more perennial than the justice that is rendered within the strict boundaries of the traditional court system. Works of literary fiction also provide many valuable stories about the value and reach of decisions rendered by arbitrators.


Author(s):  
Jeanne Gaakeer

The Introduction starts with a sketch of the author’s parallel eduction in law and literature to illustrate that while the Anglo-American renaissance of the humanist tradition in the 1980s revitalised the two early twentieth-century challenges provoked by John Wigmore and Benjamin Cardozo (i.e. that literary works can provide insight in the life of the law, and that law can be seen as a literary-linguistic practice), it soon became theoretical. In doing so it deviated from its original goal to provide food for thought for legal professionals. The idea underlying Judging from Experience is that law needs the humanities to provide such food for thought and offer insights applicable in legal practice.


2021 ◽  
pp. 160-179
Author(s):  
Stepan Kobuta ◽  
Svitlana Kobuta

Summary. The purpose of the article is to analyse literary heritage of the Ukrainian lawyers who dealt with literature, to present an overview of its sense and essence with their professional work as a background. The paper aims at disclosing different genres of their literary activity, as well as their creative authenticity. The paper sheds light on the personalities whose literary works were long forgotten due to the Soviet propaganda of the former era. The methodology of the research relies on the historic and objective principles. It includes the historical, historical-comparative, biographical, behavioural, and contrastive methods. The scientific novelty of the paper is revealed by the need to determine and systemize the role and place of the lawyers-writers in the cultural life of Galicia at the turn of two centuries, to understand peculiarities of their professional and creative work and to comprehend their perception of national ideas with their further embodiment in literature. Conclusions. The turn of the XIX–XX centuries introduced a new socio-professional stratum to the public arena of Western lands which were under the Austro-Hungarian Empire rule, and this stratum consisted of the Ukrainian lawyers. Not only its representatives, particularly lawyers, acted as legal defenders of national and civil rights of their compatriots in the local courts, they also took leading positions in the Ukrainian political and public life of Eastern Galicia, and fought for the rights of Ukrainians in both the Austrian Parliament and the Diet of Galicia and Lodomeria. Besides their professional, political and social activity, a significant part of Galician lawyers (as all representatives of the legal professions were called back then) became famous because of their cultural and creative activities which were not a part of their working routine but part-time activities or hobbies. A lot of them took to creative writing as a means of expressing their ideas, and they works appeared in various genres of literature: scientific, journalistic, fiction (poetics, prose, etc.), representing their worldview and beliefs. The list of the well-known literary figures of that time includes such people as an ethnographer and folklorist M. Buchynsky, writers L. Martovych, I. Semanyuk, A. Tchaikovsky, poets M. Kichura and M. Kozoris, a publicist and one of the first Ukrainian futurists A. Kos, literary critics and editors V. Levitsky and M. Mochulsky and others. In fact, literary work was a complementary component of their way of life, a way of self-expression, as their main activity was legal work. Their literary work was an important component of life, a way of self-expression, which complemented their main legal work in a way. Their literary works depicted  bitter reality of that time and hard life of fellow stateless people. Yet, they also served to show the best features of Ukrainians in literature. 


2018 ◽  
Vol 54 ◽  
pp. 02012
Author(s):  
Sudjito ◽  
Tatit Hariyanti

There has not been a common ground for perception of legal pluralism in Indonesia. Pros and cons against it are still found, both on the theoretical and practical levels. It is often opposed by legal unification which might endanger the unity of nation. Under the movement of law and literature, this paper is intended to promote the contribution of literature to share the common ground for the study of legal pluralism in Indonesia. Using the literary point of view, legal products is analogous to literary products. A study of literary works will not be separated from the paradigm applied. One paradigm used is that the study of literary works will be inseparable from the reality that exists in society. The study of legal pluralism can be analogous to the study of various works of literature. The issue of pluralism and national law needs to be studied based on a deeply rooted value system in the life of the Indonesian nation, Pancasila. In a literary perspective, Pancasila deserves to be a scientific paradigm for studying legal pluralism in Indonesia. The values of Pancasila are believed to be true, and are used as guidelines in all activities of Indonesian life.


1999 ◽  
Author(s):  
Pamela R. Tenney ◽  
Michelle L. Spurlock ◽  
Susan J. Shapiro

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