Cardozo Studies in Law and Literature最新文献

A Comment on Prof. Halper's Reading ofMeasure for Measure 评哈尔珀教授对《一报还一报》的解读

Cardozo Studies in Law and Literature Pub Date : 2001-10-01 DOI: 10.1525/LAL.1.2001.13.2.265

D. Kornstein

引用次数: 0

The Long Way to an Un-Disciplined Literature: Undisciplining Literature: Literature, Law & Culture . Kostas Myrsiades, Linda Myrsiades. 无规文学之路漫漫:无规文学:文学、法律与文化。科斯塔斯·默赛德斯，琳达·默赛德斯。

Cardozo Studies in Law and Literature Pub Date : 2000-10-01 DOI: 10.1525/LAL.2000.12.2.02A00060

Marinos Diamantides

引用次数: 0

Selected Opinions of Judge Richard W. Wallach 理查德·w·瓦拉赫法官意见书选录

Cardozo Studies in Law and Literature Pub Date : 2000-10-01 DOI: 10.1525/LAL.2000.12.2.02A00030

Rick Wallach

引用次数: 0

Bentham's Theory of Fictions—A “Curious Double Language” 边沁的小说理论——一种“奇特的双重语言”

Cardozo Studies in Law and Literature Pub Date : 1999-12-01 DOI: 10.1080/1535685X.1999.11015598

N. Stolzenberg

{"title":"Bentham's Theory of Fictions—A “Curious Double Language”","authors":"N. Stolzenberg","doi":"10.1080/1535685X.1999.11015598","DOIUrl":"https://doi.org/10.1080/1535685X.1999.11015598","url":null,"abstract":"This is a story about Bentham's theory of fictions. But it is also a story about Bentham's theory of facts because, as Bentham painstakingly demonstrates, fiction and fact are inseparable aspects of the same cognitive process. This part of Bentham's work has been obscured by the common misapprehension that \"positivism,\" which Bentham endorsed and indeed in some sense \"fathered,\" commits us to making a sharp distinction between fact and fiction, much like the one he argued for between value and fact. In practice, fiction is indeed defined in contradistinction to fact, but Bentham's conception of the link between the two went much further. In his view fictions create facts, which are fictions, as these terms are properly understood. This view of Bentham is wholly at odds with the standard view of him as the arch-critic of, specifically, legal fictions. Bentham was indeed a scathing critic of the use of fiction in the discourse of law. But when one understands the broader sense in which Bentham classified legal facts as species of fiction, it is clear that his criticisms of legal fictions are more qualified than is commonly thought. From this point of view, legal fictions can be seen as the soft underbelly of the law of evidence to which Bentham devoted himself to systematizing, and therefore cannot be adequately comprehended apart from his views about the nature of evidence, and his general theory of fiction and fact. Bentham's theory of the fictional nature of facts, which I will refer to here as \"fictionalism,\" or alternatively, \"fictionalist realism,\" exemplifies a broader intellectual tradition that is characterized by several interlocking themes, only one of which is the focus of attention here namely, a duality of perspectives regarding fiction and fact. According to Robert Newsom, the key to the nature of fiction is the nature of belief engendered by fiction neither simple credulity, nor the complete absence of","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134445443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 18

Love of the Censor: Legendre, Censorship, and the Theater of the Basoche 《审查者之爱:勒让德、审查制度和巴索什剧院》

Cardozo Studies in Law and Literature Pub Date : 1999-12-01 DOI: 10.1080/1535685X.1999.11015592

Stephanie Lysyk

{"title":"Love of the Censor: Legendre, Censorship, and the Theater of the Basoche","authors":"Stephanie Lysyk","doi":"10.1080/1535685X.1999.11015592","DOIUrl":"https://doi.org/10.1080/1535685X.1999.11015592","url":null,"abstract":"\"How does one cleave to a text, how does adhesion to the truth of the text occur, and by what subtle artifice can one amorously enjoy a text?\": so asks the jurist and psychoanalyst Pierre Legendre, enigmatically but not untypically, in one of his Lefons.' Legendre's work, which serves as the springboard for the issues to be raised here, concerns the law as an institution whose history is inseparable from its textual corpora, its projections, and its images. It also addresses the law in the more expansive psychoanalytical sense as that which possesses and binds the subject and as that of which no subject (as Lacan wrote, reworking the juridical maxim) can plead ignorance.2 The tacit project of Legendre's jurisprudence is to locate what, on the analogy of Freud's notion of the dream's navel, one might term the navel of the law: the tangle of thoughts and images which cannot be unravelled, the spot where the law reaches down into the unknown.3 What follows is an illustration of one aspect of Legendre's work his notion of the love of the censor as it played itself out in histrionic fashion in early modern French legal and literary history. It is at the same time a reflection on a single instance of what Peter Goodrich has identified as a series of \"minor jurisprudences\" punctuating the history of law in the western world. The comic spectacles composed and performed by the Basoche, that is, by the association of law clerks apprenticing with established lawyers at the Parlement of Paris and other major courts in France, constituted a theatrical genre of law or legal genre of theater which has been almost forgotten today but which occupied a pivotal position in the emergence of the legal and theatrical institutions in France at the end of the fifteenth century.4 How the Basoche farce came to be among the first targets of the censor in early modern France is the question to be posed here.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129050145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pierre Legendre and the Possibility of Critique: Myth, Law and Shelley's Prometheus Unbound 皮埃尔·勒让德与批判的可能性:神话、法律与雪莱的《解放的普罗米修斯》

Cardozo Studies in Law and Literature Pub Date : 1999-12-01 DOI: 10.1080/1535685X.1999.11015593

A. Gearey

{"title":"Pierre Legendre and the Possibility of Critique: Myth, Law and Shelley's Prometheus Unbound","authors":"A. Gearey","doi":"10.1080/1535685X.1999.11015593","DOIUrl":"https://doi.org/10.1080/1535685X.1999.11015593","url":null,"abstract":"What can Prometheus, the over-reacher, the thinker of crooked thoughts, tell us about a way of reading the work of Pierre Legendre? Pierre Legendre's contribution to the study of law is his insight into the essentially mythic nature of the legal institution. The positive order of law is profoundly dependent on \"another scene\" a truth to which legal modernity is blind. However, despite Legendre's championing of the other scene of law, his work is not normally associated with critique;2 it tends to lead to an overemphasis on fixed and immutable structures associated with the inescapable presence of Roman law. The subject is always \"captured\" by the institution. The way to read, or re-read Legendre, is not necessarily to see his work as inherently reactionary.3 Indeed, there is a strong critical element to his work that has certain points of contact with other critical approaches to modernity. Legendre describes a structure that is of radical potential, and if this sense becomes lost in his own work, it can be re-connected with a radical poetic myth of opposition to the tyranny of law. Uncovering a myth of opposition in Legendre's work can be initiated by reading Shelley's Prometheus Unbound as a work that covers the same mythic territory but stages a different beginning of community and politics. The Shelleyan text tells of an escape from established structures; a revolt in the name of love. Elaborating this revolt will mean extending the sense in which key Legendrian terms can be recast. Love is not to be identified with the desire for the institution, but with a poetic and utopian imagination of human possibility. At the same time, reading Legendre against Shelley assists in an approach to the poet that does not simply re-","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"55 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115616380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

All The Law's A Stage 所有的法律都是一个舞台

Cardozo Studies in Law and Literature Pub Date : 1999-12-01 DOI: 10.1080/1535685X.1999.11015597

Milner S. Ball

引用次数: 6

Show-Trials: Character, Conviction and the Law in Victorian Fiction 作秀审判:维多利亚时代小说中的性格、信念和法律

Cardozo Studies in Law and Literature Pub Date : 1999-12-01 DOI: 10.1080/1535685X.1999.11015595

Hilary M. Schor

引用次数: 7

On the Tenth Anniversary of "Cardozo Studies in Law and Literature" “卡多佐法律与文学研究”十周年纪念

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015574

S. Tiefenbrun

{"title":"On the Tenth Anniversary of \"Cardozo Studies in Law and Literature\"","authors":"S. Tiefenbrun","doi":"10.1080/1535685X.1998.11015574","DOIUrl":"https://doi.org/10.1080/1535685X.1998.11015574","url":null,"abstract":"Last Spring I was honored to be elected President of the Law and Humanities Institute, an organization linked structurally and ideologically to the Cardozo Studies in Law and Literature. The LHI sponsors colloquia, lectures, literary and legal salons, as well as other interdisciplinary, scholarly events, which are often published in the journal as Proceedings or as individual articles. The journal, which is the repository of significant scholarly studies on a wide range of legal and literary subjects, is the inspirational and informational source for many of LHI's events. While reading a 1993 volume of the journal dedicated to The Merchant ofVenice, I was inspired to organize an international symposium on Law and the Arts, which gathered together leaders in the field of Law and Literature. They witnessed and commented on the Retrial of the Merchant of Venice: Shylock v. Antonio on Appeal. This production, staged again at the New York City Bar Association one year later, consisted of several segments: the performance of the trial scene in Act IV of the play, the writing and publication of briefs and reply briefs for the Appellant and Appellee in the New York Law Journal, the staging of the actual trial before seven judges including two federal judges, the theater critic of the Daily News, law professors, and Shakespeare scholars. The Retrial of the Merchant of Venice attracted a standing room only crowd of more than two hundred people in the Great Hall of the New York City Bar Association a testimony to the intrinsic value of the Law and Literature Movement. The two hour production was a truly memorable event in the annals of literary history simply because it focused on the legal issues of a literary masterpiece. This unusual production of The Merchant of Venice involved key players of the journal without whose intellectual rigor, experience in the law, and keen literary sensitivity this \"happening\" would not have taken place. I am truly proud to be a member of the team of the LHI and a contributor to the journal because the creative energy of these people has proven to be contagious as well as","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127917601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Law and Literature: Expanding Contracting Emerging 法律与文学:扩张、契约与新兴

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015578

W. Witteveen

引用次数: 1