Law and Literature: Text and Theory

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Format: Hardcover
Pub. Date: 1995-12-01
Publisher(s): Routledge
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Summary

The first anthology of its kind in this dynamic new field of study, this volume offers students the best of both worlds-theory and literature. Organized around specific themes to facilitate use of the text in a variety of courses, the material is highly accessible to undergraduates and is suitable as well for graduate students and law students. The anthology includes important articles by key figures in the law and literature debate, and presents seven thematically arranged sections that: Survey the various theoretical perspectives that inform the relationship of law and literature Examine the interplay of ethics, law, and justice * Highlight the great scope and variety of the law's contributions to the creation of a world view * Illustrate various legal approaches to punishment * Detail and analyze the law's inherent capacity for the oppression of individuals and groups * Demonstrate that law is grounded in language and storytelling * Show that despite its solemnity, the law has a comicside Each section includes excerpts from poetry, drama, fiction, and nonfiction. The excerpts include writings addressing the law's impact on the "outsider" (women, Native Americans, Hispanics, African Americans, and homosexuals), as well as writings by lawyers, judges, and law professors, giving the reader an "insider's" view of the legal system. The selections range from Plato to John Barth and Wallace Stevens. At this time of increased interest in the quality of legal writing, this course material illustrates the importance of language, word choice, metaphor, and narrative. It demonstrates the practical application of literary effects, techniques, and devices, and provides valuable insights into law as a vital component of the social fabric. SPECIAL FEATURES All law schools that do not already have one in place are required to institute a course in Law and Literature. This new anthology is the first of its kind, and has been specifically designed to meet the requirements of a Lawand Literature course * Selections from judges, lawyers, and professors of law give students an insider's view of the legal system * Chronological coverage-from Plato to such 20th-century writers as John Barth and Wallace Stevens-offers students a broad range of selections that examine the relationship between law, justice, ethics, and literature * Multicultural writings address the law's capacity for the oppression of individuals and groups, including women, Native Americans, African Americans, Hispanics, and homosexuals * Law and punishment-several selections examine this area from various points of view Suitable for courses in Law and literature courses in law schools and undergraduate divisions as well as interdisciplinary courses in English literature.

Table of Contents

Preface ix
Acknowledgments xiii
Section I. Relations Between Law and Literature: Critical Contexts
Introductory Notes
3(2)
The Judicial Opinion and the Poem: Ways of Reading, Ways of Life
5(24)
James Boyd White
How Law Is Like Literature
29(18)
Ronald Dworkin
Working on the Chain Gang: Interpretation in Law and Literature
47(14)
Stanley Fish
Law and Literature: A Relation Reargued
61(30)
Richard Posner
Convergences: Law, Literature, and Feminism
91(36)
Carolyn Heilbrun
Judith Resnik
Economic Man and Literary Woman: One Contrast
127(12)
Robin West
Section II. Law, Justice, and Ethics
Introductory Notes
137(2)
Poetry
``To Edwin V. McKenzie: On His Defense of David Lamson''; ``To a Woman on Her Defense of Her Brother Unjustly Convicted of Murder: Written after an Initial Study of the Evidence''; ``To David Lamson: Awaiting Retrial, in the Jail at San Jose''
139(2)
Yvor Winters
``The Defence of Guenevere''
141(10)
William Morris
Drama
Trifles
151(14)
Susan Glaspell
Prose Fiction
Anatomy of a Murder
165(4)
Robert Traver
John D. Voelker
Diary of a Yuppie
169(5)
Louis Auchincloss
``The Law,'' The Floating Opera
174(15)
John Barth
Prose Nonfiction
``On the Duty of Civil Disobedience''
189(12)
Henry David Thoreau
``Apology''
201(20)
Plato
Section III. Law and Worldview
Introductory Notes
219(2)
Poetry
``Law Like Love''
221(2)
W.H. Auden
``Hamilton Greene,'' Spoon River Anthology
223(2)
Edgar Lee Masters
Drama
Act I, Scene VI, Saint Joan
225(26)
Bernard Shaw
Prose Fiction
``In Chancery,'' Bleak House
251(4)
Charles Dickens
``Before the Law,'' The Trial
255(1)
Franz Kafka
``Bartleby the Scrivener''
256(27)
Herman Melville
Prose Nonfiction
``Address to the Prisoners in the Cook County Jail''
283(10)
Clarence Darrow
Section IV. Law and Punishment
Introductory Notes
291(2)
Poetry
``On Teaching the Legality of Televising Capital Punishments''
293(1)
Jack L. Sammons
``Porphyria's Lover''
294(3)
Robert Browning
Drama
Act 4, Scene 1, The Merchant of Venice
297(14)
William Shakespeare
Prose Fiction
A Clockwork Orange
311(6)
Anthony Burgess
``The Verdict,'' Adam Bede
317(6)
George Eliot
Marian Evans
Prose Nonfiction
``Panopticism, Discipline and Punish''
323(28)
Michel Foucault
Section V. Law and Oppression: Race, Class, Gender, and Sexuality
Introductory Notes
347(4)
Poetry
``Hard Rock Returns to Prison from the Hospital for the Criminal Insane''
351(2)
Etheridge Knight
Drama
Act I, Scenes 9-11; Zoot Suit
353(13)
Luis Valdez
Act I, Scenes 5 and 6; Bent
366(11)
Martin Sherman
Prose Fiction
``Jim's Capture,'' Huckleberry Finn
377(6)
Mark Twain
Samuel Clemens
To Kill a Mockingbird
383(6)
Harper Lee
``Lemorne versus Huell''
389(14)
Elizabeth Drew Stoddard
Prose Nonfiction
Excerpt from ``English Laws for Women in the Nineteenth Century''
403(17)
Caroline Norton
``Big Man's Rules and Laws''
420(1)
Alexander Posey
``The Fugitive Slave Law,'' and ``Free at Last,'' Incidents in the Life of a Slave Girl
421(12)
Linda Brent
Harriet Jacobs
Section VI. Law, Language, and Narrative Structure
Introductory Notes
431(2)
Poetry
``Men Made Out of Words''
433(2)
Wallace Stevens
Drama
Excerpt from Act Two, A Man for All Seasons
435(8)
Robert Bolt
Prose Fiction
``Wandering Willie's Tale,'' Redgauntlet
443(11)
Sir Walter Scott
``Who Stole the Tarts?'' and Chapter XII, ``Alice's Evidence,'' Alice's Adventures in Wonderland
454(9)
Lewis Carroll
Charles Dodgson
Prose Nonfiction
``Realism and the Novel Form,'' The Rise of the Novel
463(6)
Ian Watt
Section VII. Law and Comedy
Introductory Notes
467(2)
Poetry
``Poor Richard's Opinion''
469(2)
Benjamin Franklin
Drama
Trial By Jury
471(12)
W.S. Gilbert
Arthur Sullivan
Prose Fiction
``Expectations,'' The Associates
483(5)
John Jay Osborn, Jr.
The Shortest Way to Hades
488(7)
Sarah Caudwell
Prose Nonfiction
``The Mythos of Spring: Comedy,'' Anatomy of Criticism
495
Northrop Frye

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