Law and Literature: A Misunderstood Relation / Edition 2by Richard A. Posner
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,/i>/i>/i>
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 literatureeven 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).
- Harvard University Press
- Publication date:
- Edition description:
- Revised and Enlarged Edition
- Product dimensions:
- 6.16(w) x 9.20(h) x 1.35(d)
Table of Contents
PART 1: LITERARY TEXTS AS LEGAL TEXTS
1. The Reflection of Law in Literature
The American Legal Novel from Twain to Grisham
Camus and Stendhal
2. Revenge as Legal Prototype and Literary Genre
Revenge as a Practice
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
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
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
PART 3: THE LITERARY TURN IN LEGAL SCHOLARSHIP
9. The Edifying School of Legal Scholarship
A Literary Education for Lawyers?
10. Lies like Truth? Narrative Legal Scholarship
The Legal Narratology Movement
PART 4: THE REGULATION OF LITERATURE BY LAW
11. Authorship, Creativity, and the Law
What Is an "Author"?
Defamation by Fiction
Copyright and Creativity
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