Law and the Humanities: An Introduction

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Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and from an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock-taking of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this "law and" enterprise and will spur its further development.

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Product Details

  • ISBN-13: 9780521899055
  • Publisher: Cambridge University Press
  • Publication date: 10/30/2009
  • Pages: 552
  • Product dimensions: 6.20 (w) x 9.10 (h) x 1.20 (d)

Meet the Author

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence Political Science at Amherst College. He is author or editor of more than sixty books, including Mercy on Trial: What It Means to Stop an Execution; When the State Kills: Capital Punishment and the American Condition; Something to Believe In: Politics, Professionalism, and Cause Lawyers (with Stuart Scheingold); and The Blackwell Companion to Law and Society, among many others. Sarat is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics and Society. In 1997, Sarat received the Harry Kalven Award given by the Law and Society Association for distinguished research on law and society. In 2004, he received the 2004 Reginald Heber Smith Award, given biennially to honor the best scholarship on the subject of equal access to justice. It was given in recognition of his work on cause lawyering and the three books he has produced on the subject. In 2006, the Association for the Study of Law Culture and the Humanities awarded him the James Boyd White Prize for distinguished scholarly achievement in recognition of his 'innovative and outstanding' work in the humanistic study of law. In 2009 he received the Stan Wheeler Award from the Law & Society Association for distinguished teaching and mentoring.

Matthew Anderson is Associate Professor and Chair of the Department of English and Language Studies at the University of New England. His teaching and scholarship combine an interest in law and in literature, particularly the ways in which issues of trauma and justice are registered in legal and literary texts. In 2005, he edited a special issue of Studies in Law, Politics, and Society, 'Towards a Critique of Guilt: Perspectives from Law and the Humanities.' In 2009, he and Cathrine O. Frank received a grant from the National Endowment for the Humanities (USA) to direct a summer institute for college and university faculty on 'The Rule of Law', with an emphasis on the place of legal studies in the liberal arts.

Cathrine O. Frank is an Assistant Professor in the Department of English and Language Studies at the University of New England. Frank teaches and publishes in the areas of Victorian studies and law and literature. She has written on testamentary law and the realist novel as legal and literary modes of creating individual and cultural identity in such journals as Law and Literature, College Literature, and English Literature in Transition. She is author of the forthcoming Law, Literature, and the Transmission of Culture, 1837–1925: England's Novel Bequests.

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Table of Contents

Contributors ix

Acknowledgments xi

Introduction: On the Origins and Prospects of the Humanistic Study of Law Austin Sarat Matthew Anderson Cathrine O. Frank 1

I Perspectives on the History and Significance of Scholarship in Law and the Humanities: Three Views 47

1 A Humanities of Resistance: Fragments for a Legal History of Humanity Costas Douzinas 49

2 Three Tales of Two Texts: An Introduction to Law and the Humanities Kathryn Abrams 73

3 Law, Culture, and Humility Steven L. Winter 98

II Ideas of Justice 123

4 Biblical Justice: The Passion of the God of Justice Chaya Halberstam 125

5 Ideas of Justice: Natural and Human Catherine Kellogg 141

6 Ideas of Justice: Positive Matthew Noah Smith 161

7 Postmodern Justice Peter Goodrich 188

III Imagining the Law 211

8 Imagining the Law: The Novel Susan Sage Heinzelman 213

9 Imagining Law as Film (Representation without Reference?) Richard K. Sherwin|241

10 Law and Television: Screen Phenomena and Captive Audiences Susanna Lee 269

11 Imagining the Law: Art Christine Haight Farley 292

IV Linguistic, Literary, and Cultural Processes in Law 313

12 Language Penelope Pether 315

13 Interpretation Francis J. Mootz III 339

14 Narrative and Rhetoric Ravit Rekhman 377

15 Justice as Translation Harriet Murav 398

16 The Constitution of History and Memory Ariela Gross 416

V Institutional Processes 453

17 Trials Lindsay Farmer 455

18 Testimony, Witnessing Jan-Melissa Schramm 478

19 Judgment in Law and the Humanities Desmond Manderson 496

20 Punishment Karl Shoemaker 517

Index 531

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