Law and Literature: A Misunderstood Relation / Edition 2

Law and Literature: A Misunderstood Relation / Edition 2

by Richard A. Posner
     
 

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,

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Overview

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).

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Product Details

ISBN-13:
9780674514706
Publisher:
Harvard University Press
Publication date:
03/28/1998
Edition description:
Revised and Enlarged Edition
Pages:
432
Product dimensions:
6.70(w) x 9.57(h) x 1.10(d)

Table of Contents

Preface
Introduction1
ILiterary Texts as Legal Texts
1The Reflection of Law in Literature11
2Revenge as Legal Prototype and Literary Genre49
3The Antinomies of Legal Theory93
4The Limits of Literary Jurisprudence127
5The Literary Indictment of Legal Injustice148
6Two Legal Perspectives on Kafka182
IILegal Texts as Literary Texts
7Interpreting Contracts, Statutes, and Constitutions209
8Judicial Opinions as Literature255
IIIThe Literary Turn in Legal Scholarship
9The Edifying School of Legal Scholarship305
10Lies like Truth? Narrative Legal Scholarship345
IVThe Regulation of Literature by Law
11Authorship, Creativity, and the Law381
Index413

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