Requiem for Ivan Ilyich: The Problem of Judicial Interpretation in Tolstoy’s Literature
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Abstract This paper presents a portion of the results obtained from the research project “Law in Literature: the representation of judges in literary narratives.” The role of the magistrate in the novella The Death of Ivan Ilyich, written in 1886 by Leo Tolstoy, is discussed following the methodological premises of law in literature and the theoretical notion of “models of judges” formulated by François Ost. Thus, a part of the history of tsarist law and of Tolstoy’s conflictual relationship to legal science is provided and reconstructed. Finally, this paper proposes an analytical reflection on the importance of this nineteenth-century novella for the comprehension of practical and interpretative problems within modern law.
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