{"title":"Changing the Topic","authors":"J. Resnik","doi":"10.1080/1535685X.1996.11015792","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015792","url":null,"abstract":"Context is all. Hence a word of explanation about why I provided this commentary at a Law and Literature symposium, jointly sponsored by United States and Australian organizations.' The conveners invited me because, a few years earlier, Carolyn Heilbrun and I had co-authored an essay2 in which we discussed the development (in the United States) of law school courses about \"law and literature,\" and the growing set of related commentaries, most of which neither addressed feminist thought nor incorporated feminist concerns. When asked to participate in the 1995 conference \"as a feminist\" and assigned a position on a panel entitled \"Feminisms: The View fJom Australia and the United States,\" it seemed plain that the task was to revisit the issues that we had considered in the late 1980's, and to see if and how the world of either law within the academy, law outside the academy, or \"law and literature\" had changed. The battle for voice for the authority to describe with narrative power is painful at this moment in the United States. Below, I sketch three contexts in which such voice is at issue: in legal doctrine, in the systems of courts themselves, and in a world denominated \"law and literature.\" In all three, women have asserted alternative conceptions. In each of these settings, a conflict exists about who has authority to shape the contours of discussion. As women make visible a distinctive array of experiences and then gain power to alter laws and reframe contexts, counterclaims of neutrality and timeless truths attempt to quiet these voices and diminish their power.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134145163","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}
{"title":"Special Editor's Introduction","authors":"Milner S. Ball","doi":"10.1080/1535685X.1996.11015776","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015776","url":null,"abstract":"","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128241197","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}
{"title":"The Violence of Law and Violence Against Women","authors":"Peter S. Margulies","doi":"10.1080/1535685X.1996.11015781","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015781","url":null,"abstract":"Like the words of most prophets, Robert Cover's work resists generalities. Consider Cover's view of insular communities as law-creating, or jurisgenerative, coupled with his view of courts as law-destroying, or jurispathic.' This Article argues that by advancing such a stark vision, Cover limited the role of courts in combating pervasive ideologies of subordination, such as racism or sexism. Yet one can also read Cover's work as a challenge to critical scholars' very conception of ideology. In particular, Cover's respect for the law-creation of insular communities challenges critical scholars' use of the concept of \"false consciousness\" to explain those actions of subordinated groups which seem to reinforce their subordinated status. This Article examines both the gaps and resonances in Cover's theory of law as violence, by focusing on violence against women, in the United States and in the international arena.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132356145","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}
{"title":"Repairing The World Through Law: A Reflection On Robert Cover's Social Activism","authors":"S. Wizner","doi":"10.1080/1535685X.1996.11015777","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015777","url":null,"abstract":"(1996). Repairing The World Through Law: A Reflection On Robert Cover's Social Activism. Law & Literature: Vol. 8, A Commemorative Volume for Robert M. Cover, pp. 1-14.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131696493","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}
{"title":"Invisible Victims: A Comparison of Susan Glaspell's Jury of Her Peers, and Herman Melville's Bartleby the Scrivener","authors":"R. West","doi":"10.1080/1535685X.1996.11015782","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015782","url":null,"abstract":"","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127766777","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}
{"title":"The Public, the Private, and the Sacred: Variations on a Theme of Nomos and Narrative","authors":"Perry Dane","doi":"10.1080/1535685X.1996.11015778","DOIUrl":"https://doi.org/10.1080/1535685X.1996.11015778","url":null,"abstract":"","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130973785","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}
{"title":"On the Genealogy of the \"Judicial Error\" (1983)","authors":"W. Holdheim","doi":"10.1080/1535685X.1995.11015769","DOIUrl":"https://doi.org/10.1080/1535685X.1995.11015769","url":null,"abstract":"The inception of my study on judicial error was most atypical. Its very medium indicated a quest for my sources: I wanted to try my hand at writing my mother language for the first time since the age of twelve. I found that German runs much more smoothly under my pen than English, but this alone could not explain my pace. I am a slow and deliberate writer, but this text progressed in a downright somnambulistic way. It came right on the heels of a bulky, laboriously systematic investigation of Andre Gide's theory and practice of the novel, which had occupied me for six years. I embarked on a sabbatical term with a list of distracting and regenerative readings, to be preceded by a minor essay on some little matter that had struck my attention. When I looked up from my typewriter, the term was almost over, and my small essay turned out to be a monograph on the judicial error in certain representative modern narratives. I should have recognized my \"little matter\" as a genuine Ansatz one of those intuitive points of departure destined to be broadened and deepened into the exposition of a historical era or a comprehensive problem, as I knew them from the critical theory and practice of my teacher Erich Auerbach. If I failed to make the connection, it was because I still mistook the Auerbachian expansion of points of initiation for a prescriptive method; I did not yet realize that this procedure, for one who had just spent years to broaden his horizon, is less methodical than it is mimetic: it merely formalizes the way intellectual insight naturally comes about. My particular Ansatz was Dmitri's murder trial in The Brothers Karamazov. Critics had treated it as an outgrowth of Dostoevsky's journalistic activity, and as a satire of Alexander's judicial reform, but I had always felt that such marginal discussions did no justice to the true meaning and importance of the scene. Of course, I was predisposed to this recognition by a longstanding fascination with the rich repertory of detective and trial themes in literature, going back to The Eumenides and the","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"145 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1995-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129710692","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}
{"title":"Rien que ton costume, on te met à la porte: The Importance of Being Fashionable in 19th century French Literature","authors":"S. Godfrey","doi":"10.1080/1535685X.1995.11015774","DOIUrl":"https://doi.org/10.1080/1535685X.1995.11015774","url":null,"abstract":"There is a keen awareness in 19th century French literature that fashion can open many doors. In a society freed from the sumptuary laws that, in principle, had governed public appearance since the 16th century, unconditional access to all modes of dress allowed 19th century authors and their fictive counterparts to aspire towards social spheres whose doors a few decades before might have been locked. Deslauriers' advice to Frederic Moreau at the beginning of L'Education Sentimentale based on the authority of Rastignac summarizes a new formula for social ambition: Puisque tu as un habit noir et des gants blancs, profites-en!' Under the ancien regime, strict edicts regarding acceptable dress had produced a reliable code for maintaining and reading the status of individuals and their place within the social hierarchy. As stated in the Edict of 1514, all common people and non-nobles were prohibited from assuming le titre de noblesse soit en leurs qualitis ou en habillement.2 Other edicts specified fabrics and adornments forbidden to the bourgeoisie: damask, velvet, taffeta, satin, flesh-coloured hose, valuable jewels, and so on. In short, a series of sumptuary laws helped to ensure social immobility especially in popular and rural milieus and assured the correspondence between costume and social position. In the words of Daniel Roche, la mode devientprincipe de lecture sociale et morale sans qu'ily ait rupture entre le vestimentaire et la condition entiere de l'homme.3 For citizens of the 19th century, the Revolutionary repeal of the sumptuary laws in 1794 thus represented the final liberation from a classbased dress code and consequently, a democratization of dress. At the same time, it also dismantled a relatively stable system of signification that had been constructed around difference and dress. By the second decade of the century, men's clothing in particular had","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1995-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122136942","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}
{"title":"Judicial Error as a Literary Theme (1969) “Defining the Theme”","authors":"W. Holdheim, Maurgerite Allen","doi":"10.1080/1535685X.1995.11015768","DOIUrl":"https://doi.org/10.1080/1535685X.1995.11015768","url":null,"abstract":"One of the richest, most fascinating literary subjects is that of crime and the court of law. A subject like this can no longer be called a theme: it is already a cluster of themes which eludes any attempt at exact classification, an enormous complex of associations containing the most disparate fields of thought and bringing into play the most diverse areas of concern. Ordinary homicides or even judicial murders can be the focal point, as can trials, judges and executioners, crime and punishment, the formal administration of justice, and human (or rather cosmic) justice. The relevant literature ranges from the most popular to the most subtle, from the most ephemeral political engagement to pure belles lettres. While some of it may never surpass the literal, it can, on the other hand, manifest multiple levels of meaning and ultimately take root in the very bedrock of religious problems. Its scope includes realism as well as surrealism or parody; it extends from the historical portrayal of the judicial system beyond the critique of contemporary conditions and institutions to a (positive or negative) utopia. Only an embarras de richesse prevents me from citing dozens of names to verify the historical universality of a topic that has continued uninterrupted from the oldest literature to the most","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1995-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127218480","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}
{"title":"Elvis' Fame: The Commodity Form and the Form of the Person","authors":"J. Frow","doi":"10.1080/1535685X.1995.11015770","DOIUrl":"https://doi.org/10.1080/1535685X.1995.11015770","url":null,"abstract":"In honoring Wolfgang Holdheim with this Festschrift, we are also, I think, honoring two institutions to which he devoted his life. One is the system of graduate education in the United States, which made it possible for non-Americans like me (and for students, Americans, and foreigners alike, who had no financial resources) to receive an education of extraordinary quality. The second is the discipline of Comparative Literature, of which Wolfgang was so eminent a practitioner, and especially that tradition of Comparative Literature which was formed around a generation of refugees from Nazism. From Wolfgang and from the discipline he taught, I learned a set of rigorous standards of scholarship and an ethos of theoretical reflection which have been formative for my work. They also opened my mind to a practice of interdisciplinarity which has taken me in unexpected directions not the least of them the strange pathways of the law. This essay is part of a larger project in which I examine the line drawn between the domains of the gift and the commodity in contemporary capitalist societies, and in which I try to specify the logic (or the conflicting logics) that allow it to be drawn at a particular point. My focus is the category of the person insofar as it is both a key support of the institution of private property and in some respects its opposite. I examine some of the struggles that are taking place to commodify aspects of this category that were previously uncommodified, and I ask whether and why it matters that they should be reserved from commodification. In trying to map these shifts in the status of the person, I make extensive use of changes in legal doctrine, since they offer a relatively precise way of tracing and documenting an often diffuse and generalized process of social change. Since the law is never a simple reflection or instrument of socio-economic","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1995-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124618371","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}