: Law and Literature: Possibilities and Perspectives . Ian Ward. ; Law and Literature Perspectives . Bruce L. Rockwood. ; Law's Stories: Narrative and Rhetoric in the Law . Peter Brooks, Paul Gewirtz.

1997 ◽  
Vol 9 (2) ◽  
pp. 259-274 ◽  
Author(s):  
Julie Stone Peters
Keyword(s):  
Law And Literature ◽  
The Law

Ambivalent Affines: Law Like Literature

2020 ◽  
pp. 174387212097199
Author(s):  
Kathleen Birrell
Keyword(s):  
Law And Literature ◽  
Methodological Challenge ◽  
Reading To Read ◽  
The Law ◽  
Short Essay ◽  
Oscillatory Rhythm ◽  
Intellectual Legacy

This short essay will dwell upon the ‘law of literature and the literature of law’, as illuminated in the enduring scholarship and intellectual legacy of Peter Fitzpatrick. Reading with Fitzpatrick, we must grapple with a law that is both constituted and subverted by recourse to the supplement of fiction. These ambivalent ‘affines’, law and literature, share in an oscillatory rhythm: each is constituted and enlivened by an unbounded exteriority, yet each must be rendered normatively determinate. I reflect upon the ways in which Fitzpatrick’s account of ‘law like literature’ grasps and hones the methodological challenge implicit in this reading: to read law as literature and literature as law. Yet further, I extend a reading of Fitzpatrick’s scholarship that acknowledges this fictive law as not merely susceptible to but constituted by decoloniality.

Arbitration and Literature

2020 ◽  
pp. 894-909
Author(s):  
François Ost
Keyword(s):  
Law And Literature ◽  
State Courts ◽  
Literary Fiction ◽  
Court System ◽  
Literary Works ◽  
The Law ◽  
The Difference ◽  
To Receive ◽  
The Way

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.

The Puritan Cosmopolis

2018 ◽  
Author(s):  
Nan Goodman
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Thought Experiments ◽  
Law And Literature ◽  
Significant Relation ◽  
Trade Routes ◽  
Law Of Nations ◽  
The World ◽  
The Law

This book traces the emergence of a sense of kinship with and belonging to a larger, more inclusive world within the law and literature of late seventeenth-century Puritanism. Connected to this cosmopolitanism in part through travel, trade, and politics, late seventeenth-century Puritans, it is argued, were also thinking in terms that went beyond these parameters about what it meant to feel affiliated with people in remote places—of which the Ottoman Empire is the best, but not the only example—and to experience what Bruce Robbins calls “attachment at a distance.” In this way Puritan writers and readers were not simply learning about others but also cultivating an awareness of themselves as “stand[ing] in an ethically significant relation” to people all around the world. The underlying source of these cosmopolitan predilections was the law, specifically the law of nations, often considered the precursor to international law. Through the terms for sovereignty, obligation, and society made available by a turn toward the cosmopolitan within the law, the Puritans experimented with concepts of extended obligation and ideas about a society consisting of all humans, not just those living on certain trade routes or within certain foreign communities. In mapping out these thought experiments, The Puritan Cosmopolis uncovers Puritans who were reconceptualizing war, contemplating new ways of cultivating peace, and rewriting the rules for being Puritan by internalizing legal theories about living in a larger, more inclusive world.

The educative ambition of Law and Literature

Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 323-331 ◽  
Author(s):  
Ian Ward
Keyword(s):  
Law And Literature ◽  
The Political ◽  
Critical Legal Studies ◽  
Legal Studies ◽  
Theoretical Approaches ◽  
The Law ◽  
The Many

In 1979, Allen Smith suggested that there was to be a ‘coming renaissance’ in Law and Literature as a teaching discipline. In fact, Law and Literature had already arrived. In 1973, James Boyd White had publishedhis The Legal Imagination, and had geared it primarily to the teaching and study of law. Of the many intriguing characteristics of the Law and Literature movement, one of the most exciting and most valuable, is the fact that, unlike many other theoretical approaches to the problems of law, the ambition of Law and Literature is firstly educative, and only then, secondly, social and political. Moreover this secondary ambition, has tended, in two senses, to be appended to the educational ambition. In one sense, it is additional in that the political manifesto is supposed to emerge from the educational force of literature. In a second sense, it is additional because politics was certainly not such a ranking ambition in the earliest days of the Law and Literature movement, and it is no concidence that the politicization of Law and Literature has come about as its star has risen, whilst that of Critical Legal Studies has declined

scholarly journals Lög og bókmenntir í íslensku samhengi

Ritið ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 3-10
Keyword(s):  
Law And Literature ◽  
The Law

Erlendis hafa þverfaglegar rannsóknir á sviði laga og bókmennta verið blómlegar á undanförnum ártugum. Á fyrstu áratugum tuttugustu aldar mótaðist meðal bandarískra lögfræðikennara hreyfing í kringum þetta efni (e. the law and literature movement) sem hafði framan af þann tilgang að bæta húmanískan bakgrunn lögfræðinema. Um miðjan þriðja áratuginn voru færð rök fyrir mikilvægi þess að lögfræðingar kynntu sér skáldskap og bókmenntir. Þar sem starf stéttarinnar snerist að verulegu leyti um skriftir (að semja sóknar- og varnarræður, lög og dómsorð) væri yfirgripsmikil þekking á stíl og stílbrögðum gagnleg hverjum þeim sem vildi ná árangri í faginu. Ekki leið á löngu þar til bandaríska fræðiumræðan fór að hafa áhrif víðar, meðal annars í Evrópu. Meginmarkmið með þessu þemahefti Ritisins er að kynna þessa fræðahefð hérlendis og vekja áhuga á margháttuðum tengslum lögfræðinnar við bókmenntafræði, sagnfræði og heimspeki. Í heftinu birtast fjórar frumsamdar og tvær þýddar greinar þar sem lög og bókmenntir fléttast saman.

scholarly journals Prawo w filmie jako przejaw estetyki prawa i szczególny przypadek kierunku prawo i literatura

2021 ◽  
pp. 8-20
Author(s):  
Kamil Zeidler
Keyword(s):  
Fine Arts ◽  
Practical Aspect ◽  
Law And Literature ◽  
Aesthetic Value ◽  
Research Areas ◽  
The Law ◽  
Law In Literature ◽  
Research Stream ◽  
The One ◽  
Legal Aesthetics

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.

scholarly journals Daughters of Heaven: A Law and Literature Analysis

2021 ◽  
Author(s):  
◽  
Hannah Mae Loke
Keyword(s):  
Literature Review ◽  
Social Influence ◽  
Law And Literature ◽  
Literature Analysis ◽  
The Social ◽  
The Law ◽  
Legal Concepts

<p>This paper conducts a law and literature review of the play Daughters of Heaven by Michelanne Forster. The text portrays the murder of Honora Rieper by Pauline Parker and Juliet Hulme, and the trial that ensued. This paper explores the play’s depiction of the insanity defence in light of the law of the time and in the context of Christchurch society of the time. The social influence on the application and interpretation of the law is explored via the character of Bridget in particular, who is clearly influenced by Forster’s own views. Forster does not make an explicit ‘good or bad’ judgment on the law, but her shock and disbelief of the events is evident throughout the text. Her use of legal concepts is predominantly for entertainment purposes, and as such is mostly basic and undetailed. This does not, however, detract from Daughters of Heaven from being a dramatically gripping and compelling work.</p>

Literacies for a New Canon

2019 ◽  
pp. 174387211989332
Author(s):  
Cathrine O. Frank
Keyword(s):  
School Culture ◽  
Canon Law ◽  
Law And Literature ◽  
Social Value ◽  
Canon Formation ◽  
The Law ◽  
Law And Humanities ◽  
Pedagogical Goals

This commentary approaches the question of whether there is or should be a law and humanities canon through John Guillory’s analysis of canon formation as an adjunct to specific forms of literacy and their perceived social value within “school culture.” Returning to the law and literature movement, with a focus on literature, this essay contends that in order to determine what should be in a canon, law and humanities must first revisit its aims and objectives, link what it reads to pedagogical goals, and draw clearer connections between teaching and scholarship. As the field’s texts modernize and diversify, so too should the literacies students need to engage with them.

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