Law at the Movies: Turning Legal Doctrine into Art

by Stanley Fish

Overview

This book asks "How can legal doctrine be turned into filmic art?" By "legal doctrine" Stanley Fish does not mean the sonorous abstractions that usually accompany the self-presentation of law—Justice, Equity, Equality, Liberty, Autonomy, and the like. Rather he has in mind the specific rules and procedures invoked and analyzed by courts on the way to declaring a decision—lawyer/client confidentiality, the distinction between interdicted violence and the violence performed by the legal system, the interplay of positive law and laws rooted in morality, the difference between civilian law and military law, the death penalty, the admissibility of different forms of evidence. In the movies he discusses, these and other points of doctrine and procedure do not serve as a background, occasionally visited, to the substantive issues that drive the plot and provide the characters with choices; they declare the plot, and character is formed and tested in relationship to their demands. Apparently technical matters are pressed until they occupy both foreground and background and become the movie's true subject. If large, abstract concepts emerge, they emerge at the back end of doctrine and are, in effect, produced by doctrine. These are not law-themed movies; they are movies about the unfolding of legal process.

Product Details

ISBN-13:	9780198898726
Publisher:	Oxford University Press
Publication date:	05/29/2024
Series:	Law and Literature
Pages:	224
Product dimensions:	0.00(w) x 0.00(h) x 0.00(d)

About the Author

Stanley Fish, Davidson-Kahn Distinguished University Professor and Professor of Law, Florida International University

Stanley Fish is Davidson-Kahn Distinguished University Professor and Professor of Law at Florida International University in Miami, and Dean Emeritus at the College of Liberal Arts and Sciences and Distinguished Professor of English, Criminal Justice and Political Science at the University of Illinois at Chicago. In addition to being one of the leading public intellectuals in the US, Fish is an extraordinarily prolific author whose works include over 200 scholarly publications and books, including The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump (2019), Winning Arguments: What Works and Doesn't Work in Politics, the Bedroom, the Courtroom, and the Classroom (2016), and Versions of Academic Freedom: From Professionalism to Revolution (2014).

Table of Contents

Introduction1. Liberal Heroism and Reasonable Doubt: 12 Angry Men2. The Law as Blind Machine: The Wrong Man3. The Law Emerges from Violence: The Man Who Shot Liberty Valance and High Noon4. The Law as the Object of Manipulation: Beyond a Reasonable Doubt and Witness for the Prosecution5. Natural Law vs. Positive Law: Judgment at Nuremberg6. The Law's Dogma and Religious Dogma: Inherit the Wind7. Visible and Spectral Evidence: The Crucible8. Man-made Law as a Refuge from Both the Devil's Assaults and God's Commands: A Man for All Seasons9. Law as Craft: Anatomy of a Murder10. Sex, Class, and Class Action: North Country11. Speech, Radical Innocence, and the Law: Billy Budd12. The Law and Storytelling: Amistad13. Free Speech for Good or Ill: The People vs. Larry Flynt and Absence of Malice14. Poetry Is Against the Law: HowlConclusion: No More Delivered than Promised

Editorial Reviews

"The book is a stimulating read." — James Wilson , The Law Society Gazette

"Fish asks how legal doctrine-the specific rules and procedures invoked andanalyzed by courts on the way to declaring a substantive decision-can be turnedinto filmic art. In the movies he discusses, points of doctrine and procedure do not serve as background to the substantive issues that drive the plot and provide the characters with choices. Rather they declare the plot, and character is formed and tested in relationship to their demands; what seem as technical matters are pressed until they occupy both foreground and background and become the movie's true subject." — Law & Social Inquiry

"[F]un to read, especially if you know the films and care about law, and even if you don't...He may cite Aristotle, Augustine, Donne, Milton, Hobbes, and Kant, but he also cites Cole Porter ("Don't fence me in"), John Lennon, and the Marlboro Man. The book is trademark Fish-clever, insouciant, opinionated." — Julie Stone Peters, Los Angeles Review of Books

From the Publisher