The Law in Literature

2021 ◽  
pp. 4-7
Keyword(s):  
The Law ◽  
Author(s):  
Kamil Zeidler

If we put together and systematize research streams: law in film, law and literature, and aesthetics of law, it is easy to reach the conclusion that we are dealing with related subjects, with a certain overlap in research areas. The broadest term is aesthetics of law, whose scope covers the entire law and literature movement, meanwhile law in film is a more detailed aspect of the latter. Systematizing the aesthetics of law, we can close it in three aspects: the external one, the internal one, and the one called ‘law as a device for aesthetization’. The aesthetics of law in the external aspect deals with manifestations of law, legal inspirations, legal themes, symbols, signs, which were represented through centuries in fine arts. The subject of the aesthetics of law in the internal aspect is the law itself. The third aspect of the aesthetics of law focuses on law as a device for aesthetization of daily life. In the law and literature movement, the reflections concern either the inclusion of legislative and legal content in literary works (law in literature), or the literary, including aesthetic, value, of normative instruments, and more broadly, also other acts of applying the law (law as literature). A special case of this research stream is legal cinematography, where a film prepared on the basis of a screenplay is treated as a kind of narrative, justifying the statement that law in film further develops the law and literature movement. The practical aspect of such research – of legal aesthetics, law and literature, and law in film – concerns mainly the significance and influence on legal awareness, and on shaping the attitudes towards law. The key thing here is approaching the problem of influencing legal awareness through other means than the text of a normative instrument alone.


1948 ◽  
Vol 34 (3) ◽  
pp. 380
Author(s):  
Samuel L. Prince ◽  
Amicus Curiae
Keyword(s):  
The Law ◽  

2019 ◽  
Vol 5 (2) ◽  
pp. 395-416
Author(s):  
Amanda Muniz Oliveira

The law and literature movement, started in 1973 in the United States with the release of “The Legal Imagination”, by James Boyd White, had as its main objective to reach the humanization of jurists. Although it caught the attention of several authors and spread to different countries, the initial stage of the movement, also known as law in literature, was not immune to criticism. Thus, this article, via bibliographic research, aims at presenting the criticism by Richard Posner, who mainly questions the premise that literature can humanize the jurist. Also, this paper analyzes the production by Robert Weisberg, who sees in the area an overly-romanticized view of literature. Knowing such criticism is crucial to think about the past, present and future of the movement, searching for the right answers it demands.


2004 ◽  
Vol 54 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Pamela Barmash

AbstractNarrative texts that address legal matters in the Hebrew Bible must be approached with caution. An author has freedom to create and shape characters and events, and the law that is touched upon in such narratives is subject to the needs of narrative art. Can such texts be used to reconstruct legal history? I will examine three approaches to law in literature, and I will argue that the literary texts in the Bible are critical to the study of biblical law because they reflect essentials of legal practice omitted from legal texts. They exhibit what is perceived to be the inadequacies of a legal system and what type of problems arose in putting the law in practice. They address issues of justice and governance that are omitted in legal tetxs.


Books Abroad ◽  
1957 ◽  
Vol 31 (3) ◽  
pp. 311
Author(s):  
Albrecht B. Strauss ◽  
F. Lyman Windolph
Keyword(s):  
The Law ◽  

2001 ◽  
Vol 32 (4) ◽  
pp. 1093
Author(s):  
Sandra Petersson

Fred Shapiro and Jane Garry (eds) Trial and Error: An Oxford Anthology of Legal Stories (Oxford University Press, Oxford, 1998). Hardcover, 479 + xii pages, $NZ50. This article is a book review of Trial and Error, an anthology of stories that encompass the law. Petersson argues that the book is primarily a book to be enjoyed, even with its scholarly qualities. She concludes that the book is an excellent starting point for any study of law in literature, whether for personal interest or as part of a formal course of study. 


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