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Interpreting Law and Literature: A Hermeneutic Reader
edited by Sanford Levinson and Steven Mailloux
Northwestern University Press, 1988
Paper: 978-0-8101-0793-9
Library of Congress Classification KF4550.A2I53 1988
Dewey Decimal Classification 342.73

ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
From the Preface:

"Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
AUTHOR BIOGRAPHY
Sanford Levinson, Professor of Law at the University of Texas, is the co-author of Processes of Constitutional Decision Making.

Steven Mailloux, Professor of English at Syracuse University, is the author of Interpretive Conventions: The Reader in the Study of American Fiction and Rhetorical Power.
TABLE OF CONTENTS
    Preface
    Acknowledgments

    SECTION I. Politics and Interpretive Theory
    Introduction

    William J. Brennan, Jr.
    The Constitution of the United States: Contemporary Ratification

    Edwin Meese III
    Address Before the D. C. Chapter of the Federalist Society Lawyers Division

    SECTION II. The Question of Method
    Introduction

    (A) Intentionalism
    Charles Fried
    Sonnet LXV and the "Black Ink" of the Framers' Intention

    Philip Martin 
    ["On Sonnet LXV"]

    E. D. Hirsch, Jr.
    Counterfactuals in Interpretation

    Paul Brest
    The Misconceived Quest for the Original Understanding

    H. Jefferson Powell
    James Madison's Theory of Constitutional Interpretation

    Michael Hancher
    Dead Letters: Wills and Poems

    Kenneth S. Abraham
    Statutory Interpretation and Literary Theory: Some Common Concerns of an Unlikely Pair

    (B) Formalism
    Frederick Schauer
    An Essay on Constitutional Language

    Sanford Levinson
    Law as Literature

    Gerald Graff
    Keep off the Grass, Drop Dead, and Other Indeterminacies: A Response to Sanford Levinson

    Richard Weisberg
    On the Use and Abuse of Nietzsche for Modern Constitutional Theory

    Mark V. Tushnet
    Following the Rules Laid Down: A Critique of Interpretivism and Neutral Principles

    Walter Benn Michaels
    Against Formalism: Chickens and Rocks

    (C) Objectivity
    Owen M. Fiss
    Objectivity and Interpretation

    Stanley Fish
    Fish v. Fiss

    Jessica Lane
    The Poetics of Legal Interpretation

    Clare Dalton
    An Essay in the Deconstruction of Contract Doctrine

    David Couzens Hoy
    Interpreting the Law: Hermeneutical and Poststructuralist Perspectives

    SECTION III. Rhetorical Politics
    Introduction

    Steven Mailloux
    Rhetorical Hermeneutics

    Philip Bobbitt
    From Constitutional Fate: Theory of the Constitution

    Walter Benn Michaels
    The Fate of the Constitution

    James Boyd White
    Judicial Criticism

    Contributors 
    Notes
    Index
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