In Contempt: Nineteenth-Century Women, Law, and Literature, by Kristin Kalsem, explores the legal advocacy performed by nineteenth-century women writers in publications of nonfiction and fiction, as well as in real-life courtrooms and in the legal forum provided by the novel form.
Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice.
Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless."
Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the "juridical unconscious" of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.
The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson’s book seeks to correct this imbalance.
With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson’s Notes on the State of Virginia and Irving’s burlesque History of New York as unified texts, products of the legal mind of the time.
The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture.
The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer’s stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
Hailed in its first edition as an "outstanding work, as stimulating as it is intellectually distinguished" (New York Times), Richard A. Posner's Law and Literature has handily lived up to the Washington Post's prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.
Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.
Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" (Wall Street Journal).
Hailed in its first edition as an “outstanding work, as stimulating as it is intellectually distinguished” (New York Times), Law and Literature has handily lived up to the Washington Post’s prediction that the book would “remain essential reading for many years to come.” This third edition, extensively revised and enlarged, is the only comprehensive book-length treatment of the field. It continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as the cruel and unusual punishments clause of the Constitution, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism.
In this edition, literary works from classics by Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come under Richard Posner’s scrutiny, as does the film The Matrix.
The book remains the most clear, acute account of the intersection of law and literature.
Was there more to comedy than Chaucer, the Second Shepherds’ Play, or Shakespeare? Of course! But, for a real taste of medieval and Renaissance humor and in-your-face slapstick, one must cross the Channel to France, where over two hundred extant farces regularly dazzled crowds with blistering satires. Dwarfing all other contemporaneous theatrical repertoires, the boisterous French corpus is populated by lawyers, lawyers everywhere. No surprise there. The lion’s share of mostly anonymous farces was written by barristers, law students, and legal apprentices. Famous for skewering unjust judges and irreligious ecclesiastics, they belonged to a 10,000-member legal society known as the Basoche, which flourished between 1450 and 1550. What is more, their dramatic send-ups of real and fictional court cases were still going strong on the eve of Molière, resilient against those who sought to censor and repress them. The suspenseful wait to see justice done has always made for high drama or, in this case, low drama. But, for centuries, the scripts for these outrageous shows were available only in French editions gathered from scattered print and manuscript sources.
In Trial by Farce, prize-winning theater historian Jody Enders brings twelve of the funniest legal farces to English-speaking audiences in a refreshingly uncensored but philologically faithful vernacular. Newly conceived as much for scholars as for students and theater practitioners, this repertoire and its familiar stock characters come vividly to life as they struggle to negotiate the limits of power, politics, class, gender, and, above all, justice. Through the distinctive blend of wit, social critique, and breathless boisterousness that is farce, we gain a new understanding of comedy itself as form of political correction. In ways presciently modern and even postmodern, farce paints a different cultural picture of the notoriously authoritarian Middle Ages with its own vision of liberty and justice for all. Theater eternally offers ways for new generations to raise their voices and act.READERS
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