Kleistův „Michael Kohlhaas“ jako výraz vášnivé touhy po dosažení spravedlnosti, jakož i další autorova díla vztahující se k problematice „práva a literatury“

The article deals with the work of Heinrich von Kleist (1777–1811) in terms of its relation to the problems of “law and literature”. It focuses on the fact that this German writer belongs to those great creators who attached extraordinary care to the question of law and justice in his work. At first, the paper deals shortly with the life of this important figure of the German letters. Then the main attention is paid to the nouvelle “Michael Kohlhaas” which might be considered as the most important of his works related to the “law and literature” topic. This is given especially by the general preset of the story in which the main hero fights for the achievement of the justice tirelessly even at the cost of sacrificing his family's happiness and his life. Next part of the paper makes us familiar with certain aspects of the plot. Finally, the other works of Kleist related to the problems of “law and literature” and legal questions involved are analyzed.

Prologue to truth: Argentina’s National Commission on the Disappeared and the authority of international law

Argentina’s 1980s transition to democracy is globally admired for pioneering a state-led process addressing the 1976–1983 dictatorship’s state-violence. The role of international law in the transition is well documented, especially through human rights and crimes against humanity. Yet, the extent to which Argentina’s transition was intertwined with international law and subject to its jurisdictional force deserves greater attention. This article analyses how the Argentinian truth commission (TC) accounts for the dictatorship’s state-violence, and how international law is implicated in the making of this account. It argues that the TC’s account draws on the authority of international law to establish the unlawfulness of the dictatorship’s state-violence. In turn, the TC subjects the meaning and interpretation of the dictatorship’s state-violence to a Eurocentric/Anglo-American lawfulness embedded in, and mobilized by, international law in the late-Cold War. To examine this, the article re-reads the Prologue to the TC’s Report as a literary text that does international legal work, harnessing the authority of international law in a way that has enabled the TC to deploy an authoritative, internationally acceptable, account of the unlawfulness of the dictatorship’s state-violence. This reading is based on original archival research, on scholarship in the fields of ‘law and literature’ and the history and theory of international law.

Pain, Penance, and Protest

In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.

Daughters of Heaven: A Law and Literature Analysis

<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>