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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

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."
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.
  • Contents 
    • Preface
    • Acknowledgments
    • SECTION I. 
    • Politics and Interpretive Theory
      • Introduction
      • The Constitution of the United States: Contemporary Ratification
        • Brennan, Jr., William J.
      • Address Before the D. C. Chapter of the Federalist Society Lawyers Division
        • Meese III, Edwin
      • SECTION II. 
      • The Question of Method
        • Introduction
          • (A) 
          • Intentionalism
          • Sonnet LXV and the “Black Ink” of the Framers' Intention
            • Fried, Charles
          • [“On Sonnet LXV”]
            • Martin, Philip
          • Counterfactuals in Interpretation
            • Hirsch, Jr., E. D.
          • The Misconceived Quest for the Original Understanding
            • Brest, Paul
          • James Madison's Theory of Constitutional Interpretation
            • Powell, H. Jefferson
          • Dead Letters: Wills and Poems
            • Hancher, Michael
          • Statutory Interpretation and Literary Theory: Some Common Concerns of an Unlikely Pair
            • Abraham, Kenneth S.
          • (B) 
          • Formalism
          • An Essay on Constitutional Language
            • Schauer, Frederick
          • Law as Literature
            • Levinson, Sanford
          • Keep off the Grass, Drop Dead, and Other Indeterminacies: A Response to Sanford Levinson
            • Graff, Gerald
          • On the Use and Abuse of Nietzsche for Modern Constitutional Theory
            • Weisberg, Richard
          • Following the Rules Laid Down: A Critique of Interpretivism and Neutral Principles
            • Tushnet, Mark V.
          • Against Formalism: Chickens and Rocks
            • Michaels, Walter Benn
          • (C) 
          • Objectivity
          • Objectivity and Interpretation
            • Fiss, Owen M.
          • Fish v. Fiss
            • Fish, Stanley
          • The Poetics of Legal Interpretation
            • Lane, Jessica
          • An Essay in the Deconstruction of Contract Doctrine
            • Dalton, Clare
          • Interpreting the Law: Hermeneutical and Poststructuralist Perspectives
            • Couzens Hoy, David
        • SECTION III. 
        • Rhetorical Politics
          • Introduction
          • Rhetorical Hermeneutics
            • Mailloux, Steven
        • From Constitutional Fate: Theory of the Constitution
          • Bobbitt, Philip
      • The Fate of the Constitution
        • Michaels, Walter Benn
    • Judicial Criticism
      • White, James Boyd
    • Contributors
    • Notes
    • Index

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