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Author: Richard H. Weisberg
Publisher: Columbia University Press
ISBN: 9780231074544
Category : Law
Languages : en
Pages : 344
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Book Description
A pioneer of the the new law and literature movement narrates its central vision, which he calls poethics: the revival of jurisprudence through literary sources and techniques. He argues that lawyers, like novelists, must use language that is precise, passionate and real, in order to tell their stories clearly and persuasively.
Author: Richard H. Weisberg
Publisher: Columbia University Press
ISBN: 9780231074544
Category : Law
Languages : en
Pages : 344
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Book Description
A pioneer of the the new law and literature movement narrates its central vision, which he calls poethics: the revival of jurisprudence through literary sources and techniques. He argues that lawyers, like novelists, must use language that is precise, passionate and real, in order to tell their stories clearly and persuasively.
Author: Emily Hartigan
Publisher:
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation than a critique through formal logic. Law is, as Weisberg and White agree, more art than science. Yet, for all their contributions to the study of law, including their ostensibly shared realm of mediation, the two create a combative, hierarchic tone of discourse by the near-total exclusion of women from their texts.Law as conversation is not primarily war through or with words. Rather, it is the free yet necessary activity of community-weaving among people of profound differences. As such, a new timbre of conversation, a new openness, must be spoken for in the study of law. Among the always emerging differences among persons, men are as mysterious and irresistible to women as some men have recognized women to be; and if men could remember both the irresistible part and the mystery, and would open the existing public conversation, they might critique and pointedly ignore each other less violently, and enjoy a new richer company.
Author: Richard H. Weisberg
Publisher: Yale University Press
ISBN: 9780300045925
Category : Literary Criticism
Languages : en
Pages : 244
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Book Description
The cruel power of misdirected words, artfully structured but spiritually empty and bearing the stamp of law or legalistic reasoning, is a persistent theme in the modern novel. Richard Weisberg, who has written extensively on both literature and law, explores the role of legalism and its abuses in eight major novels of the nineteenth and twentieth centuries. Beginning with Dostoevski and moving by way of trenchant analyses of Flaubert and Camus, Weisberg culminates his argument in a brilliantly revisionist reading of Melville's Billy Budd. In each of the novels treated, Weisberg sees a verbally gifted central character relying on wordiness to avoid or distort previously revealed truths. He argues that the malaise Nietzsche called ressentiment goads these characters to verbalizations that do violence to others and, ironically, indict their very creators. He identifies the legalistic theme as the major mode of iconoclasm in modern fiction and the source of its holocaustic vision. Writers, he reflects, viewed with profound skepticism their culture's tendency to substitute complex narrative formalism for earlier, absolute approaches to justice. In this, Weisberg concludes, their works anticipated the jurisprudential discourse of today. "The Failure of the Word is a creative, provocative, and learned work, written with style and feeling. Weisberg brings to bear on his core themes (the legalistic proclivity and ressentiment) a wide body of knowledge and thought in law and philosophy, literary history and theory."--Robert L. Jackson, Yale University
Author: Ian Ward
Publisher: Cambridge University Press
ISBN: 9780521474740
Category : Literary Criticism
Languages : en
Pages : 292
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Book Description
The emergence of an interdisciplinary study of law and literature is one of the most exciting theoretical developments taking place in North America and Britain. In Law and Literature: Possibilities and Perspectives Ian Ward explores the educative ambitions of the law and literature movement, and its already established critical, ethical and political potential. He reveals the law in literature, and the literature of law, in key areas of literature, from Shakespeare to Beatrix Potter to Umberto Eco, and from feminist literature to children's literature to the modern novel, drawing out the interaction between rape law and The Handmaid's Tale, and the psychology of English property law and The Tale of Peter Rabbit. This original book defines the developing state of law and literature studies, and demonstrates how the theory of law and literature can illuminate the literary text.
Author: William Gaddis
Publisher: Simon and Schuster
ISBN: 1439125473
Category : Fiction
Languages : en
Pages : 709
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Book Description
A dazzling fourth novel by the author of The Recognitions, Carpenter’s Gothic, and JR uses his considerable powers of observation and satirical sensibilities to take on the American legal system.
Author: Richard H. Weisberg
Publisher: Routledge
ISBN: 1134376626
Category : History
Languages : en
Pages : 472
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Book Description
The involvement of Vichy France with Nazi Germany's anti-Jewish policy has long been a source of debate and contention. At a time when France, after decades of denial, has finally acknowledged responsibility for its role in the deportation and murder of 75,000 Jews from France during the Holocaust, Richard H. Weisberg here provides us with a comprehensive and devastating account of the French legal system's complicity with its German occupiers during the dark period known as 'Vichy'. As in Germany, the exclusionary laws passed during the Vichy period normalized institutional antisemitism. Anti-Jewish laws entered the legal canon with little resistance, and private lawyers quickly absorbed the discourse of exclusion into the conventional legal framework, expanding the laws beyond their simple intentions, their literal sense, and even their German precedents. Drawing on newly-available archival sources, personal interviews, and historical research, Weisberg reveals how legalized persecution actually operated on a practical level, often exceeding German expectations. Further, he presents a persuasive argument for Vichy law as an acquired Catholic response to a flase notion of Jewish Talmudism. The book also compares Vichy experience to American legal precedents and practices and opens up the possibility that postmodern modes of thinking ironically adopt the complexity of Vichy reasoning to a host of reading and thinking strategies. Vichy Law and the Holocaust in France raises fundamental and disturbing questions about the ease with which democratic legal systems can be subverted.
Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 0226894967
Category : Political Science
Languages : en
Pages : 332
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Book Description
White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Author: Jeffrey Miller
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773588981
Category : Law
Languages : en
Pages : 255
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Book Description
A ground-breaking study of the gap between law and justice, establishing - at last - a truly substantive connection between law and literature.
Author: Charles Ross
Publisher: Routledge
ISBN: 1351940848
Category : Literary Criticism
Languages : en
Pages : 308
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Book Description
This book investigates the origins, impact, and outcome of the Elizabethan obsession with fraudulent conveyancing, the part of debtor-creditor law that determines when a court can void a transfer of assets. Focusing on the years between the passage of a key statute in 1571 and the court case that clarified the statute in 1601, Charles Ross convincingly argues that what might seem a minor matter in the law was in fact part of a wide-spread cultural practice. The legal and literary responses to fraudulent conveyancing expose ethical, practical, and jurisprudential contradictions in sixteenth-century English, as well as modern, society. At least in English Common Law, debt was more pervasive than sex. Ross brings to this discussion a dazzling knowledge of early modern legal practice that takes the conversation out of the universities and Inns of Court and brings it into the early modern courtroom, the site where it had most relevance to Renaissance poets and playwrights. Ross here examines how during the thirty years in which the law developed, Sidney, Spenser, and Shakespeare wrote works that reflect the moral ambiguity of fraudulent conveyancing, which was practiced by unscrupulous debtors but also by those unfairly oppressed by power. The book starts by showing that the language and plot of Shakespeare's Merry Wives of Windsor continually refers to this cultural practice that English society came to grips with during the period 1571-1601. The second chapter looks at the social, political, and economic climate in which Parliament in 1571 passed 13 Eliz. 5, and argues that the law, which may have been used to oppress Catholics, was probably passed to promote business. The Sidney chapter shows that Henry Sidney, as governor of Ireland (a site of religious oppression), and his son Philip were, surprisingly, on the side of the fraudulent conveyors, both in practice and imaginatively (Sidney's Arcadia is the first of several works to associate fraudulent conveyancing with the abduction of women). The fourth chapter shows that Edmund Spenser, who as an official in Ireland rails against fraudulent conveyors, nonetheless includes a balanced assessment of several forms of the practice in The Faerie Queene. Chapter five shows how Sir Edward Coke's use of narrative in Twyne's Case (1601) helped settle the issue of intentionality left open by the parliamentary statute. The final chapter reveals how the penalty clause of the Elizabethan law accounts for the punishment Portia imposes on Shylock at the end of The Merchant of Venice. The real strength of the book lies in Ross's provocative readings of individual cases, which will be of great use to literary critics wrestling with the applications of legal theory to the interpretation of individual texts. This study connects a major development in the law to the literature of the period, one that makes a contribution not only to the law but also to literary studies and political and social history.
Author: Adam Hanna
Publisher: Liverpool University Press
ISBN: 1802071202
Category : Literary Criticism
Languages : en
Pages : 312
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Book Description
Law and Literature: The Irish Case is a collection of fascinating essays by literary and legal scholars which explore the intersections between law and literature in Ireland from the eighteenth century to the present day. Sharing a concern for the cultural life of law and the legal life of culture, the contributors shine a light on the ways in which the legal and the literary have spoken to each other, of each other, and, at times, for each other, on the island of Ireland in the last three centuries. Several of the chapters discuss how texts and writers have found their ways into the law’s chambers and contributed to the development of jurisprudence. The essays in the collection also reveal the juridical and jurisprudential forces that have shaped the production and reception of Irish literary culture, revealing the law’s popular reception and its extra-legal afterlives. List of contributors: Rebecca Anne Barr, Max Barrett, Noreen Doody, Katherine Ebury, Adam Gearey, Tom Hickey, James Kelly, Colum Kenny, David Kenny, Heather Laird, Julie Morrissy, Gearóid O'Flaherty, Virginie Roche-Tiengo, Barry Sheils.
