Cardozo Studies in Law and Literature最新文献_第5页

Benjy, Narrativity, and the Coherence of Compson History 《叙事性与康普生历史的连贯性》

Cardozo Studies in Law and Literature Pub Date : 1995-09-01 DOI: 10.1080/1535685X.1995.11015772

S. Burton

引用次数: 6

: Kill All the Lawyers?: Shakespeare's Legal Appeal . Daniel J. Kornstein. :杀死所有的律师?:莎士比亚的法律上诉。丹尼尔·j·科恩斯坦。

Cardozo Studies in Law and Literature Pub Date : 1995-04-01 DOI: 10.1525/LAL.1995.7.1.02A00050

J. J. Osborn

引用次数: 0

Ad Humanitatem Pertinent: A Personal Reflection On The History And Purpose Of The Law And Literature Movement 与人道主义相关:法律与文学运动的历史与目的的个人反思

Cardozo Studies in Law and Literature Pub Date : 1995-03-01 DOI: 10.1080/1535685X.1995.11015763

Michael Pantazakos

引用次数: 4

Yoknapatawpha's Literary Lawyer: Forensic Fictions: The Lawyer Figure in Faulkner . Jay Watson . 约克纳帕塔法的文学律师:法医小说:福克纳的律师形象。杰伊·沃森。

Cardozo Studies in Law and Literature Pub Date : 1994-10-01 DOI: 10.1525/LAL.1994.6.2.02A00050

W. H. Page

引用次数: 0

The Codification of Western Law and the Poethics of Disclosure 西方法律的法典化与揭露的伦理

Cardozo Studies in Law and Literature Pub Date : 1994-09-01 DOI: 10.1080/1535685X.1994.11015756

R. Weisberg

{"title":"The Codification of Western Law and the Poethics of Disclosure","authors":"R. Weisberg","doi":"10.1080/1535685X.1994.11015756","DOIUrl":"https://doi.org/10.1080/1535685X.1994.11015756","url":null,"abstract":"Speaking perceptively of the criminal procedure in The Brothers Karamazov, Edward Wasiolek points out that the \"legal process is an obstacle to the facts ... [It] brings forth only technique, ambition and triviality.\"2 Wolfgang Holdheim, writing on the same subject, observes that the legal error at the end of that novel is indicative of the ambiguities inherent in modern literature's approach to reality.' These critics have shown a sensitivity to a topic otherwise still rarely treated: the use of the legal theme within the modern novel not merely for dramatic effect, but also for thematic, structural and formal purposes not explicitly stated by the writer. Why is the novel a particularly happy generic medium for the intense development of a legal theme? The answer launches us into a more complicated theoretical realm than we might intuitively expect, but it is one worth entering in an effort to understand the full import of the theme as actually used by these novelists. It involves a three-part response encompassing dramatic, historical and formal elements within the genre. The \"dramatic\" aspect indigenous to the artistic use of the law stands out, of course, as a common feature in a variety of literary periods and genres.4 Epitomized in the \"trial scene,\" the legal theme is employed in tragedy, for example, as an almost perfect Aristotelian device for furthering the dramatic \"action,\"' and for producing the reversals and discoveries that lead to catharsis within the audience. In comedy, the trial provides an excellent medium for \"untying the Gordian Knot,\" and restoring the characters and their environment to a properly happy, anterior condition.6 But these observations about the efficacy of trial scenes for dramatic effect on the stage leave open at least two questions. First, how may we distinguish the law's dramatic appeal to literary artists from that of other human professional endeavors that are equally as provocative in reality but far less frequently depicted in art? Second, how do we proceed to explain the interest of narrative as opposed to theatrical art in the law? If we observe that the law provides by the very. structure of its operation a culminating point inscribing all the elements of theatricality otherwise","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130540179","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 An Aesthetic Ethos Possible? Night Thoughts After Auschwitz 审美精神是可能的吗?奥斯威辛集中营之后的夜思

Cardozo Studies in Law and Literature Pub Date : 1994-09-01 DOI: 10.1080/1535685X.1994.11015755

Geoffrey H. Hartman

引用次数: 9

Violence, Censorship and the Law 暴力、审查和法律

Cardozo Studies in Law and Literature Pub Date : 1994-09-01 DOI: 10.1080/1535685X.1994.11015758

P. Hutchings

{"title":"Violence, Censorship and the Law","authors":"P. Hutchings","doi":"10.1080/1535685X.1994.11015758","DOIUrl":"https://doi.org/10.1080/1535685X.1994.11015758","url":null,"abstract":"This essay uses certain readings of so-called \"violent\" texts readings produced in the context of debates around censorship and violence to read both censorship practices and these texts in relation to questions of violence and aesthetics, defining violence as a lack of respect for the other or for alterity and difference as such. By examining the texts of the Australian Office of Film and Literature Classification decisions on a number of books and films (and the access to records of oral complaints and the texts of written complaints, as well as to official reports, offers a rare and suggestive opportunity to consider the kinds of criteria evoked in public discussions of violence and obscenity), I wish to raise a number of questions concerning the relationship among censorship, law, and violence in art, and to suggest that certain forms of censorship take their own place in the violence of these texts; in fine to see utilizing concepts adapted from the work of Michel Foucault, Gilles Deleuze and Jean Baudrillard what conceptions of violence inform censorship decisions across a number of literary and cinematic texts. In essence, the argument is that censorship debates are structured by a paradox that may be conceived of as operating between considerations of law and equity.' Equity, that branch of law whose excesses are pilloried by Dickens in Bleak House, developed its influence at the same time as a proliferation of statutory laws and an accompanying increase in the activities of the legal executive: magistracy and prosecution. The 18th century sense of a crime wave was directly related to a legislative wave aimed at swamping the symptoms of civil unrest and large scale social dislocations in the wake of the English bourgeois revolution of 1688. In effect, there was a productive outbreak of criminal law along the lines discerned by Karl Marx in Theon'es of Surplus Value, where he introduces a notion of a productive relationship between criminals and society:","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130844902","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

Sex, Lies and Defamation: The Bush Lawyer of Wessex 性、谎言与诽谤:威塞克斯的布什律师

Cardozo Studies in Law and Literature Pub Date : 1994-09-01 DOI: 10.1080/1535685X.1994.11015757

P. Pether

{"title":"Sex, Lies and Defamation: The Bush Lawyer of Wessex","authors":"P. Pether","doi":"10.1080/1535685X.1994.11015757","DOIUrl":"https://doi.org/10.1080/1535685X.1994.11015757","url":null,"abstract":"In the preamble to the program for the conference at which the paper on which this article is based was presented it was suggested that the title of its concluding session, \"Old Wine in New Bottles\" was perhaps \"a metaphor of the law and literature movement.\" Given the project of this article, which is to take a few risks, breach a few boundaries, in order to show how and why law and literature scholarship and teaching and here I'm quoting from the Graduation Address delivered at Yale Law School's commencement ceremony in June 19891 might \"get [the voice of women] back in,\" it seems appropriate to initiate it by applying a little exegetical scrutiny to the conveners's borrowed metaphor. The source of that metaphor, which has been scrambled in the process of appropriation, is, of course, a master-text of the Law of the Father,2 the Bible. Specifically, it comes from chapter 9 of the Gospel according to Matthew, which is part of the portion of Matthew's teaching that deals with Jesus' miracles of healing. Those miracles were themselves employed by Jesus in the service of his teaching. It is not without relevance to this article that Matthew's Gospel records, shortly before Jesus' remark on wine, two occasions on which he had some troubles with lawyers, specifically in making them listen to and understand his message. The lessons to be drawn from both incidents seem to be that lawyers are depressing materialists because they are only convinced by what they can actually see, and even then are only really convinced by the dramatic;3 further, that they do not, perhaps cannot, understand the implications of doing things in new ways,4 that they deeply suspect what they see to be challenges to the authority that is sanctified by precedent,s and that they don't think much of the voices of ordinary people.6 I should know. I've been one myself, and I suspect that while you can take the woman out of the practice of the law, you can't take the lawyer out of the woman. Jesus makes the remark about new wine in old wineskins (not Old Wine in New Bottles) in order to justify his new ways of doing things, evangelically speaking. And he says, when asked by John's disciples \"Why do we and the Pharisees fast, but your disciples do not?\":","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125873336","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

Self-Portrait In Fondane's Poetry 方丹诗歌中的自画像

Cardozo Studies in Law and Literature Pub Date : 1994-04-01 DOI: 10.1080/1535685X.1994.11015747

Monique Jutrin, G. Eisenberg

{"title":"Self-Portrait In Fondane's Poetry","authors":"Monique Jutrin, G. Eisenberg","doi":"10.1080/1535685X.1994.11015747","DOIUrl":"https://doi.org/10.1080/1535685X.1994.11015747","url":null,"abstract":"The poetic work of Benjamin Fondane appears in our view as representative of the embodiment of the ambiguous relationship between the Jewish writer and Western literature. Through his works, we can retrace the course followed by the Jew-poet in the Western world. Indeed, for Benjamin Fondane, born Benjamin Wechsler, the conquest of identity was harsh: it was to be a lifetime achievement, gained through the existential experience of the man, the Jew, and the poet. Born in lassy, Moldavia, in 1898, Benjamin Wechsler chose the name of Fundoianu when he made his entry in literature. He belongs to the generation of Romanian writers like Tzara, Voronca, and Sernet who were fascinated by the prestige of French literature. A precocious writer, he left many writings in the Romanian language: poems, critical essays, chronicles, plays for the theatre, etc. As an adolescent, he was already fluent in several languages and, in addition to Romanian, he knew French, German, English, and Yiddish. In 1923, at the age of 25, he arrives in Paris. From then on, Benjamin Wechsler becomes Benjamin Fondane. It does not take him more than a few years to master perfectly the French language and to use it as his tool for poetic expression. At the age of 35, he is in fact a real French writer. In 1933, two of his works are simultaneously published: the poem Ulysse and the essay Rimbaudle voyou (\"Rimbaud the Hoodlum\"). He has another ten years left before dying in the gas chamber at AuschwitzBirkenau.2","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128943095","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

From the Poet to Poetry, From Poetry to Poet 从诗人到诗歌，从诗歌到诗人

Cardozo Studies in Law and Literature Pub Date : 1994-04-01 DOI: 10.1080/1535685X.1994.11015749

W. Kluback

{"title":"From the Poet to Poetry, From Poetry to Poet","authors":"W. Kluback","doi":"10.1080/1535685X.1994.11015749","DOIUrl":"https://doi.org/10.1080/1535685X.1994.11015749","url":null,"abstract":"Wherever we turn in Fondane's work, whether we speak of Gaston Bachelard or Lev Shestov, of history or the unhappy conscience, of aesthetics or the cinema, we remember that in all these discussions and commentaries there is the poet and poetry. Prose and verse merge. Every insight found in an essay emerges anew in a poem. There it will take on a new life and form. There it will join a multitude of other poems, of collections, and the part of a poet's legacy. This is the legacy that has concerned us for several years, and has made this work possible. The poetry of Fondane is distinct in the sense of reality. There is no fluff of beautiful words creating beautiful imagery. Man is not driving away from the world. He is a being of despair and bewilderment. He faces the absurdity of death. This despair and anguish came from his Jewishness, from the reality of exile, which he lived not only in Romania, but also in France. The reminders of anti-Semitism were everywhere. Fondane could not escape a destiny which he knew hung over every son and daughter of Israel. It hung over the people. It hung over God. Fondane was the eternal questioner, his voyages were unending, his dissatisfactions profound and disturbing. He knew that powerful confrontation between death and knowledge. The beauty of reason never moved without the shadow of death. Man seemed eager to bear this punishment. The enticements of knowledge had no equal. He also knew that death was beyond reason, was a stumbling block for it. It remained a mystery which every religion sought to encounter and conquer. But no religion conquered death. No God conquered the Serpent. In the midst of these two powers, of death and knowledge, Fondane sought life. But this life remained part of his Jewish destiny. Here knowledge found its greatest challenge: a world indifferent to a people who remained believers in a strange God of Law, whose presence is hidden and whose justice never belonged to creation. Law brought God's word into a world bearing the punishment of death, i.e., a world in which death was unknown, where man became conscious of its reality, where life was easily crushed. Man knew the difference between the knowledge of life and the absurdity of death. We read Fondane's poems gathered in two collections. One is called Ulysse. This collection was edited in 1929 on the return of Fondane from","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126072505","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