Cardozo Studies in Law and Literature最新文献_第2页

The Form of Ambiguity: Law, Literature, and the Meaning of Meaning 歧义的形式:法律、文学和意义的意义

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015581

Michael Pantazakos

引用次数: 1

Some (Brief) Reflections About Law and Literature 关于法律与文学的几点思考

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015569

Sanford Levinson

{"title":"Some (Brief) Reflections About Law and Literature","authors":"Sanford Levinson","doi":"10.1080/1535685X.1998.11015569","DOIUrl":"https://doi.org/10.1080/1535685X.1998.11015569","url":null,"abstract":"My own work in regard to \"law and literature\" has involved far more the intersections of literary theory than, say, the potential contribution of literature to enhancing the sensitivity of lawyers to issues of justice. Although there continue to be some holdouts, I take it that most contemporary legal theorists will concede, albeit some of them reluctantly, the importance of some familiarity with the work of literary theorists, even if it is also necessary to take into account the differences, as well as the similarities, between legal and literary documents. This (relative) consensus is something to cheer, and the editors of (and contributors to) the Cardozo Studies in Law and Literature are certainly entitled to take justifiable pride in their own role over the past decade in this important development within the legal and, for that matter, the wider academy. All of this being conceded, indeed, applauded, it also seems time, as is appropriate on anniversaries, to reflect on where the relationship is headed, as well as where it has been. All relationships face the problem of stagnation and the endless repetition of familiar, perhaps even comfortable, routines; there is no reason to believe that legal analysts who have become involved, in whatever fashion, with literature are immune from such ruts.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"1 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":"121512688","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: 1

A Practicing Lawyer Looks Back on Law and Literature 一位执业律师回顾法律与文学

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1525/LAL.1998.10.2.02A00040

D. Kornstein

{"title":"A Practicing Lawyer Looks Back on Law and Literature","authors":"D. Kornstein","doi":"10.1525/LAL.1998.10.2.02A00040","DOIUrl":"https://doi.org/10.1525/LAL.1998.10.2.02A00040","url":null,"abstract":"Law and Literature has much to be proud of. In two decades or so, it has grown from an abstract idea to a contemporary school of jurisprudence. It has started to permeate the legal consciousness. It is taught in colleges as well as law schools. It has produced an expanding body of writing that is probing, controversial, and fascinating. It has drawn people to many conferences and symposia, some of them international. Special journals devoted to Law and Literature, such as this one, have sprouted up and continue to flourish. Wonderful accomplishments these are, especially for a fledgling intellectual movement, but they are not enough. The greatest shortcoming in Law and Literature to date has been its failure to reach and engage the ordinary practicing lawyer. For the most part, Law and Literature has remained firmly entrenched in legal academia, its realm of origin. The shirt-sleeve lawyer is essentially untouched. If Law and Literature is to thrive the way it should, this situation must be changed. Practicing lawyers are highly eligible candidates for the Law and Literature Movement. Not only do we read for a living, but we have been trained, in law school, to read analytically, much the way that literary critics do. We are taught to read and to apply statutes and precedent in strategic ways; to look behind texts and to use them as tools of advocacy. Literary critics approach their subjects in a similar fashion, seeing them not only as products of the creative process, but as tools for understanding the era and culture from which they spring. Practicing lawyers are well-suited for participation in the Law and Literature Movement. This kind of participation, moreover, would be highly enriching to any practitioner. Reading and reflecting upon books and plays that feature other lawyers as characters, and that explore the role of law and courts in worlds such as Shakespeare's, Kafka's, and Flaubert's, can give lawyers a sense of pride, and perhaps provide them with insights into the role they play in their own society.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"32 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":"124098605","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: 3

The Future of Law and Literature: Convocations and Conversations 法律与文学的未来:集会与对话

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015566

Milner S. Ball

引用次数: 0

What We Know 我们所知道的

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015577

J. White

引用次数: 0

Lusty Voice II 强烈的声音II

Cardozo Studies in Law and Literature Pub Date : 1998-12-01 DOI: 10.1080/1535685X.1998.11015575

Daniel F. Tritter

{"title":"Lusty Voice II","authors":"Daniel F. Tritter","doi":"10.1080/1535685X.1998.11015575","DOIUrl":"https://doi.org/10.1080/1535685X.1998.11015575","url":null,"abstract":"As superstition has ruled our earth for the length of human experience, so too have we sanctified time. We hang our hours in great bell towers, and we glorify the calendar with anniversaries, of births, of deaths, and of events. We mark them out in millennia, jubilees and decennials. Ten years ago, a new journal called Cardozo Studies in Law and Literature promised its readers a lively, even a \"lusty\" voice (as I presciently suggested in the journal's initial number)' in that thriving enterprise called Law and Literature. Cardozo Studies in Law and Literature has not disappointed its audience. The first issue reproduced some of the work of a Law and Humanities Institute symposium at Washington and Lee University, a body of scholarship devoted to a single slender novella just over 100 pages in length, Melville's Billy Budd, Sailor.2 In a law practice that is geared toward trial advocacy, the contemplation of literary lawyers is never absent from my thinking. The uses (and abuses) of language occupy me constantly. In fact, it is Vere, Finch, Bishop Cauchon, Darrow, Clamance, the Advokat, and Mr. Jaggers, an eclectic collection of prosecutors, of defenders, and, yes, of judges, whose words excite my imagination. \"What do you read, my lord?\" asks Polonius. \"Words, words, words\" is the response of that literary lawyer, Prince Hamlet. Perhaps those words are the pale substitute for the sword, his way to temporize over the regicide which would avenge his father. Perhaps words are the vehicle that lawyers employ to avoid the harsh realities of a brutish society. Who are these literary lawyers? Those of the real world? Do we mean the Wallace Stevens or Archibald Macleish model, the lawyers who ultimately turn to the poetry that illuminates their lives and ours? Or do we mean the graceful prose writers who have graced our profession, the Cardozos and the Hands, words that do not evade, that do not turn us from our dreams?","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"25 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":"117136418","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

Poetry: The Terminus Station 诗歌:终点站

Cardozo Studies in Law and Literature Pub Date : 1998-07-01 DOI: 10.1080/1535685X.1998.11015560

W. Packard, David Sanua

引用次数: 0

Purple Prose: Writing, Rhetoric and Property in the Justinian Corpus 《紫色散文:查士丁尼语料库中的写作、修辞与属性》

Cardozo Studies in Law and Literature Pub Date : 1998-06-01 DOI: 10.1080/1535685X.1998.11015559

Stephanie Lysyk

引用次数: 5

Kinds of Persons, Kinds of Rights, Kinds of Bodies 人的种类，权利的种类，身体的种类

Cardozo Studies in Law and Literature Pub Date : 1998-06-01 DOI: 10.1080/1535685X.1998.11015558

M. Tamen

{"title":"Kinds of Persons, Kinds of Rights, Kinds of Bodies","authors":"M. Tamen","doi":"10.1080/1535685X.1998.11015558","DOIUrl":"https://doi.org/10.1080/1535685X.1998.11015558","url":null,"abstract":"Perhaps because, as Descartes famously remarked, commonsense is the best distributed thing in this world, there seems to be some very wide agreement as to the meaning of words such as \"person,\" \"rights\" and \"body.\" \"Person\" appears to be just another synonym for \"human being,\" and \"rights\" and \"body\" appear to denote intrinsic properties of all persons, that is, things all persons have in common. This essay argues that there are contexts in which neither assumption is true, even in the restricted area of legal doctrines and debates. The first section discusses circumstances in which non-human beings can nevertheless be defined, and have indeed been defined, as persons. The second section describes discussions about the acquisition of rights by certain objects (if rights were intrinsic properties of certain objects, such discussions would have been as idle as debating whether one should add \"gold\" to the list of the intrinsic properties of granite). These two preliminary sections lead into the third section, the longest, in which several apparently opposed uses of the word \"body\" in legal discussions are examined at some length. I am therefore not inclined to talk about the \"person,\" \"rights\" or \"the body,\" and to talk instead, if only to make the trivial point that many things are left undreamt by our philosophies, legal and otherwise, about kinds of persons (indeed about kinds of \"person\"), kinds of rights, and kinds of bodies. I am also inclined to describe statements or phrases like \"She is a person,\" \"The Rights of Man\" or \"All persons have bodies\" as honorary terms of praise, or implicit descriptions of certain kinds of future behavior, that is, as promises, rather than as retrospective descriptions of facts or states of things. All this is prelude to a larger project, which has to do with the attribution of properties to bits and pieces of the world and not primarily with juridical matters.' (Given my lack of formal legal training, that is of course a most fortunate circumstance.) In the expanded project, but not here, I offer a few metaphysical hypotheses on the function of such attri-","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1998-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123769719","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: 4

Law and Literature at Century’s End 世纪末的法律与文学

Cardozo Studies in Law and Literature Pub Date : 1997-10-01 DOI: 10.1080/1535685X.1997.11015807

Gary Minda

{"title":"Law and Literature at Century’s End","authors":"Gary Minda","doi":"10.1080/1535685X.1997.11015807","DOIUrl":"https://doi.org/10.1080/1535685X.1997.11015807","url":null,"abstract":"Have you noticed how intellectually diverse Law and Literature has become in recent years?' At one time Law and Literature in American legal studies was a marginal subject taught at only a few law schools. These Law and Literature courses, following the lead of Dean Wigmore, explored the way law was implicated in the stories told in the great literary classics of Dickens, Kafka, and Melville. The law-in-literature perspective of these courses attempted to show how the stories in the classics of Western literature might offer lawyers and judges important lessons about the nature of law lessons which are missing in the official reported stories of the cases. This understanding of Law and Literature the \"law-in-literature\" perspective was a dominant understanding shaping the American Law and literature movement in its early stages of development. But much has changed since the first law-in-literature courses popped up in the legal curriculum. Beginning in the late 1970s and throughout the 1980s, a diverse new breed of Law and Literature scholarship appeared on the legal scene which has altered the landscape of the movement. Law and Literature practitioners in America were no longer just reading and studying the Great classics of Western literature; they were reading and studying law as if it were a special \"genre\" of literature to be interpreted like any story. As it turned out, Dickens, Kafka and Melville were being edged-out by authors like Derrida, Foucault, Heidegger and Wittgenstein as Law and Literature scholars explored the meaning of law's language as a cultural and literary artifact. If law were to be regarded as a unique genre of literature, then new critical techniques and methods of translation would be needed for focusing the critical eye of Law and Literature scholars on the meaning of legal texts, languages, and institutional practices. It should not be surprising then that Law and Literature scholars began looking beyond the Great books of Western literature to the critical texts of literary theory, structuralism, post-structuralism, deconstuctionism and the like to aid them in their literary translations of legal texts.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128815214","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