Law and Literature: A Misunderstood Relation / Edition 2

Law and Literature: A Misunderstood Relation / Edition 2

by Richard A. Posner
     
 

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ISBN-10: 0674514718

ISBN-13: 9780674514713

Pub. Date: 03/28/1998

Publisher: Harvard University Press

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,

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).

Product Details

ISBN-13:
9780674514713
Publisher:
Harvard University Press
Publication date:
03/28/1998
Edition description:
Revised and Enlarged Edition
Pages:
432
Product dimensions:
6.16(w) x 9.20(h) x 1.35(d)

Table of Contents

Preface

Introduction

PART 1: LITERARY TEXTS AS LEGAL TEXTS

1. The Reflection of Law in Literature

Theoretical Considerations

The American Legal Novel from Twain to Grisham

Camus and Stendhal

2. Revenge as Legal Prototype and Literary Genre

Revenge as a Practice

Revenge Literature

The Iliad and Hamlet

3. The Antinomies of Legal Theory

Jurisprudential Drama from Sophocles to Shelley

Has Law Gender?

4. The Limits of Literary Jurisprudence

Kafka

Dickens

Wallace Stevens

5. The Literary Indictment of Legal Injustice

Law and Ressentiment

Romantic Values in Literature and Law

Billy Budd and The Brothers Karamazov

Literature and the Holocaust

6. Two Legal Perspectives on Kafka

On Reading Kafka Politically

In Defense of Classical Liberalism

The Grand Inquisitor and Other Social Theorists

PART 2: LEGAL TEXTS AS LITERARY TEXTS

7. Interpreting Contracts, Statutes, and Constitutions

Interpretation Theorized

What Can Law Learn in the Schools of Literary Criticism?

Chain Novels and Black Ink

Interpretation as Translation

8. Judicial Opinions as Literature

Meaning, Style, and Rhetoric

Aesthetic Integrity and the "Pure" versus the "Impure" Style

Two Cultures

PART 3: THE LITERARY TURN IN LEGAL SCHOLARSHIP

9. The Edifying School of Legal Scholarship

A Literary Education for Lawyers?

Pornographic Literature

10. Lies like Truth? Narrative Legal Scholarship

The Legal Narratology Movement

Judicial Biography

PART 4: THE REGULATION OF LITERATURE BY LAW

11. Authorship, Creativity, and the Law

What Is an "Author"?

Defamation by Fiction

Copyright and Creativity

Parody

Index

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