Cardozo Studies in Law and Literature最新文献_第3页

: Reel Justice: The Courtroom Goes to the Movies . Paul Bergman, Michael Asimow. ; Past Imperfect: History according to the Movies . Mark C. Carnes. 卷轴正义:法庭走向电影。保罗·伯格曼，迈克尔·阿西莫。;过去不完美:电影中的历史。Mark C. Carnes。

Cardozo Studies in Law and Literature Pub Date : 1997-04-01 DOI: 10.1525/LAL.1997.9.1.02A00070

A. Chase

引用次数: 1

Plessy v. Ferguson and the Literary Imagination 普莱西诉弗格森案与文学想象

Cardozo Studies in Law and Literature Pub Date : 1997-03-01 DOI: 10.1080/1535685X.1997.11015799

B. Thomas

引用次数: 6

Natural Justice and King Lear 《自然正义》和《李尔王》

Cardozo Studies in Law and Literature Pub Date : 1997-03-01 DOI: 10.1080/1535685X.1997.11015800

Paul M. Shupack

{"title":"Natural Justice and King Lear","authors":"Paul M. Shupack","doi":"10.1080/1535685X.1997.11015800","DOIUrl":"https://doi.org/10.1080/1535685X.1997.11015800","url":null,"abstract":"The debate between the natural law tradition asserting a necessary relationship between law and morals and positivism asserting that law is simply whatever the sovereign commands is as old as Western Civilization.' This debate asks whether law has a necessary moral core. If justice means reaching results in accord with proper application of the law, justice can be confined as a conclusion both within and about law. That, in caricature, is the core of positivism. Natural law insists that judgments about results reached under the law are the subject of judgments based on some other standard. These principles, upon which results reached under the law can be judged, themselves are universal in application, hence \"natural.\" I suggest in this paper that the conflict between natural law and positivism appears as one of the themes within King Lear.2 In the swirl of controversies about law and legitimacy that followed from both the Renaissance and the Reformation, these ideas were organized around the categories of traditional rights and royal absolutism emerging in its divine right moment. So long as people could persuade themselves that tradition defined what was natural and just, and so long as kings saw their role was to enforce traditional rights, the tension between law and morals remained hidden. One consequence of the ferment created by both the Renaissance and the Reformation was the destruction of the idea that the actual and the ideal state could be one. Natural law and positivism, though anachronistic terms, nonetheless serve as convenient short hand for ideas that already were very much in the air. I make no claim concerning the meaning of King Lear. All I want to do is point to yet another strand of meaning. I join those who argue that \"Any Elizabethan use of the Lear 'matter' could hardly avoid key contemporary issues of politics: the succession to the throne, the division of sovereignty, foreign invasion, and domestic loyalty.\"3 King Lear was written in 1605, and an examination of the circumstances in England at the time it was written suggests that what we today would call the debate between","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128111477","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

Measuring justice: notes on fish, Foucault, and the law 衡量正义:关于鱼、福柯和法律的注释

Cardozo Studies in Law and Literature Pub Date : 1997-03-01 DOI: 10.1080/1535685X.1997.11015796

S. Mailloux

{"title":"Measuring justice: notes on fish, Foucault, and the law","authors":"S. Mailloux","doi":"10.1080/1535685X.1997.11015796","DOIUrl":"https://doi.org/10.1080/1535685X.1997.11015796","url":null,"abstract":"My paper can be described in several ways. It is an illustration of something I call rhetorical hermeneutics: the use of rhetoric to practice theory by doing history (Mailloux 1989). It is also part of a larger project on \"The Ancients and the Postmodem\": an argument that much poststructuralist thought in law, critical theory, and other human sciences can be usefully understood as a contemporary reception of classical Greek rhetoric and philosophy (Shankman 1994, Mailloux 1995, Zuckert 1996). In the following remarks, I suggest how Michel Foucault's genealogical work is both derived from and employed in a reading of Plato and Aristotle on justice. Here I use rhetoric (tracing the trope of measurement) to practice a bit of legal theory (concerning neopragmatism) by doing some reception history (about the law). Specifically, I look at Foucault's genealogy of the will to truth in ancient Greek philosophy and legal practices and relate it to Stanley Fish's theoretical claims about the distinctive purpose of law as a particular social practice aiming to disengage from history to establish formal procedures for legal validity. This journal article is available in Law Text Culture: http://ro.uow.edu.au/ltc/vol3/iss1/10","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126458662","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

Holocaust History and The Law: Recent Trials Emerging Theories 大屠杀历史和法律:最近的试验新兴理论

Cardozo Studies in Law and Literature Pub Date : 1997-03-01 DOI: 10.1080/1535685X.1997.11015798

V. Ranki

{"title":"Holocaust History and The Law: Recent Trials Emerging Theories","authors":"V. Ranki","doi":"10.1080/1535685X.1997.11015798","DOIUrl":"https://doi.org/10.1080/1535685X.1997.11015798","url":null,"abstract":"Perhaps I was among the first dressed in \"zebra\" clothes to appear in that place called Trzebinia; I immediately found myself the centre of a dense group of curious people, who interrogated me volubly in Polish. I replied as best I could in German: and in the middle of the group of workers and peasants a bourgeois appeared, with felt hat, glasses and a leather briefcase in his hand a lawyer. He was Polish, he spoke French and German well, he was an extremely courteous and benevolent person: in short, he possessed all the requisites enabling me finally, after the long year ofslavery and silence, to recognize in him the messenger, the spokesman of the civilized world, the first that I had met. I had a torrent of urgent things to tell the civilized world: my things, but everyone's, things of blood, things which (it seemed to me) ought to shake every conscience to its very foundations. In truth, the lawyer was courteous and benevolent: he questioned me, and I spoke at dizzy speed of those so recent experiences of mine, ofAuschwitz nearby, yet, it seemed, unknown to all, of the hecatomb from which I alone had escaped, of everything. The lawyer translated into Polish for thepublic. Now, I do not know Polish, but I know how one says \"Jew\" and how one says 'political\"and I soon realized that the translation of my account, although sympathetic, was not faithful to it. The lawyer described me to the public not as an Italian Jew, but as an Italian political prisoner. I had dreamed, we had always dreamed, of something like this, in the nights at Auschwitz; of speaking and not being listened to, offinding liberty and remaining alone.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121384868","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

Introduction to the Boalt Hall Symposium Boalt Hall研讨会简介

Cardozo Studies in Law and Literature Pub Date : 1996-10-01 DOI: 10.1080/1535685X.1996.11015784

J. J. Osborn

引用次数: 0

How Justice Brennan Freed Novels and Movies During the Sixties 布伦南法官如何解放六十年代的小说和电影

Cardozo Studies in Law and Literature Pub Date : 1996-10-01 DOI: 10.1080/1535685X.1996.11015787

Edward de Grazia

{"title":"How Justice Brennan Freed Novels and Movies During the Sixties","authors":"Edward de Grazia","doi":"10.1080/1535685X.1996.11015787","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015787","url":null,"abstract":"In June 1963, New York Times columnist Anthony Lewis wrote a piece for Esquire magazine entitled \"Sex... and the Supreme Court.\" In it, Lewis, who was then working the Times's Supreme Court beat, observed that the nine not-so-old men sitting on the Court seemed to be quietly \"liberating the country from puritanism.\" Equally surprising was the fact that the liberation was proceeding from a landmark decision rendered in 1957, called Roth v. United States, in which the High Court had seemingly canonized the Comstockian attitude toward sexually-oriented expressive material by holding that \"obscenity,\" i.e., \"material having a tendency to excite lustful thoughts,\" was not protectable by the Constitution's free speech or free press guarantees. The reason it was not, said Justice William J. Brennan, Jr., speaking for the Court, was because obscenity was \"utterly without redeeming social importance.\" In other words, obscene expression was worthless and so unworthy of 1st Amendment protection. The contradictory encouraging evidence cited by Lewis consisted in largely unnoticed Supreme Court decisions, after Roth, that had resulted in the freeing from State or federal censorship of two French films, The Game ofLove and Lady Chatterley's Lover, both based on well-known risque literary works, plus a nudist magazine called Sunshine and Health, and three gay-oriented magazines titled MANual, Trim and Grecian Guild Pictorial. (Today such material would not even raise Jesse Helms's eyebrows.) What the Court seemed to say in freeing those works was that, in its view, they did not meet the Roth test for obscenity, that is, the Brethren could not believe that they aroused the average person's lust, and so they ought to be deemed \"constitutionally protected\" from government suppression. In the gay-oriented magazines case, Justice Harlan, speaking for the Court, observed that, to be properly counted obscene, material had not only to be calculated to arouse its auditor's lust, it also had to be \"patently offensive,\" terminology that some Court-watchers supposed meant it","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128894532","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

Is There Such A Thing As Irresponsible Art 有没有不负责任的艺术

Cardozo Studies in Law and Literature Pub Date : 1996-10-01 DOI: 10.1080/1535685X.1996.11015786

S. Tisdale

{"title":"Is There Such A Thing As Irresponsible Art","authors":"S. Tisdale","doi":"10.1080/1535685X.1996.11015786","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015786","url":null,"abstract":"Is there such a thing as irresponsible art? It behooves me to set this question outside the muddy realm of legal waters and within other muddy waters. What I hope to do, actually, is muddy the waters as much as possible. I find it curious that politicians, religious leaders and various selfstyled commentators, as well as artists of varying stripe, so often link these two very broad words without an attempt to define the meaning of either term. Whenever the question of art and responsibility arises, it is useful to ask not only what the bounds of irresponsible art are, but also whether there is or should be such a thing as responsible art. Allow me to begin, therefore, by providing my own definition of art. (This is an interesting exercise in frustration, and I invite the reader who has wrestled with it to add her own definition.) I would say that art is a stylized expression of context; that is, art is both deliberate and spontaneous. It is a form of comment on the environment in which the artist finds herself. Art is more an act than an object; an intuitive, sometimes unconscious act of self-knowledge made visible to others. E.M. Forster, in Art for Art's Sake, called art the only material thing \"to possess an internal order.\"","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041601","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

: Legal Fictions: Short Stories about Lawyers and the Law . Jay Wishingrad. ; Law in Literature: Legal Themes in Short Stories . Elizabeth Villiers Gemmette. 法律小说:关于律师和法律的短篇小说。杰Wishingrad。;文学中的法律:短篇小说中的法律主题。伊丽莎白·维利尔斯·格梅特。

Cardozo Studies in Law and Literature Pub Date : 1996-10-01 DOI: 10.1525/LAL.1996.8.2.02A00100

C. Dunlop

引用次数: 0

Jangling the Keys to the Kingdom: Some Reflections on The Crucible, on An American Constitutional Paradox and on Australian Judicial Review 敲开王国的钥匙:对坩埚、美国宪法悖论和澳大利亚司法审查的一些思考

Cardozo Studies in Law and Literature Pub Date : 1996-09-01 DOI: 10.1080/1535685X.1996.11015791

P. Pether

引用次数: 1