Cardozo Studies in Law and Literature最新文献_第7页

On Theory and Genocide: Probing the Limits of Representation: Nazism and the "Final Solution" . Saul Friedlander. ; Poethics and Other Strategies of Law and Literature . Richard Weisberg. 论理论与种族灭绝:探讨再现的极限:纳粹主义与“最终解决”。扫罗弗里德兰德。;法律与文学的诗性伦理与其他策略。理查德·韦斯伯格。

Cardozo Studies in Law and Literature Pub Date : 1993-04-01 DOI: 10.1525/LAL.1993.5.1.02A00110

J. Mehlman

引用次数: 0

The End of Law 法律的终结

Cardozo Studies in Law and Literature Pub Date : 1993-04-01 DOI: 10.1080/1535685X.1993.11015732

Marci A. Hamilton

{"title":"The End of Law","authors":"Marci A. Hamilton","doi":"10.1080/1535685X.1993.11015732","DOIUrl":"https://doi.org/10.1080/1535685X.1993.11015732","url":null,"abstract":"Yet, appearances can be deceiving. When viewed through the lens of Christian theology, Shylock, the so-called devil, takes all of the steps to Christian faith, including conversion. Moreover, his request for a pound of flesh to ensure his future security is little different from the Christian's expectation that Christ would be sacrificed for his eternal salvation. Antonio, the play's putative Christ, however, utterly fails to fulfill his promise of redemption. Thus, Antonio's statement is deeply ironic. For he and his band of putative Christians may be considerably less virtuous, and Shylock much more pure than they appear. Others have argued that the hallmark of The Merchant of Venice is \"ambiguity.\"2 I would not stop there however, for the ambiguity is firmly embedded within a framework that is highly reminiscent of St. Paul's depiction of Christian faith. Once one views the play through a Pauline lens, the ambiguity takes on a didactic purpose. This is not a play inviting its audience to wallow in ambiguity but rather a play that uses ambiguity to test the audience's perception. The ambiguity is married to a certain judgmental perspective: those who judge by appearance are fools. (II,ix, 26-30) In short, there seems to be an implicit message at the heart of the play's \"provocative confusions.\"3 That message can be found in the New Testament: \"Judge not lest ye be judged.\"4","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1993-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117227326","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

Marginalized Voices in “The Merchant of Venice” 《威尼斯商人》中的边缘化声音

Cardozo Studies in Law and Literature Pub Date : 1993-04-01 DOI: 10.1525/LAL.1993.5.1.02A00060

Susan Oldrieve

引用次数: 6

Shylock and Debt and Contract in “The Merchant of Venice” 《威尼斯商人》中的夏洛克与债务与契约

Cardozo Studies in Law and Literature Pub Date : 1993-03-01 DOI: 10.1080/1535685X.1993.11015728

Charles Spinosa

引用次数: 12

Fie Upon Your Law 论你的律法

Cardozo Studies in Law and Literature Pub Date : 1993-03-01 DOI: 10.1080/1535685X.1993.11015726

D. Kornstein

{"title":"Fie Upon Your Law","authors":"D. Kornstein","doi":"10.1080/1535685X.1993.11015726","DOIUrl":"https://doi.org/10.1080/1535685X.1993.11015726","url":null,"abstract":"The Merchant of Venice is surely the Shakespearean play most closely linked in the popular mind with law. The crucial trial scene sears the legal and popular conscience like nothing else in Shakespeare. Over the centuries, The Merchant of Venice has spawned more commentary by lawyers than any other Shakespeare play. Books and articles in large number have flowed from the busy pens of attorneys and others seeking to understand and explain the legal meaning of this play. And yet for all that has been previously written by lawyers about the play, there is still more to be said. Commentary on the legal aspects of the trial in The Merchant of Venice is divided. One critic, not a lawyer, thinks the trial scene is so controversial that each reader must decide, like a Supreme Court justice, where to stand in the conflict.' The vast majority of scholarly commentary - an eight-to-one ratio - agrees with Portia's ruling.2 For such scholars, the ruling of the court is a victory of the liberating spirit over the deadly letter of the law, of mercy over legalism, and of reasonable discretion over Shylock's demand for literal-minded justice. According to these majority commentators, Shylock gets just what he deserves - severe punishment for his miserly vengefulness. The consensus view is that the play dramatizes the struggle in Shakespeare's England for supremacy between the common law courts and the equitable Court of Chancery. The minority view disagrees with Portia's judgment.3 Those dissenters see Shylock as a victim of injustice, as the hero of the play, as shown no mercy by Portia, and as trapped by secret legalities. Rather than a fiend, Shylock strikes the minority as a tragic victim of religious and ethnic prejudice. Portia's judgment, to these contrarians, is a triumph of vengeance in the guise of justice. The more I think about The Merchant of Venice, the more I find myself in the minority camp. As the sharp split of opinion might indicate, The Merchant of Venice has a persistent and uncanny grip on human imagination. Shakespeare's play strikes at the subconscious with a force extremely rare in literature, even in classics. When Dustin Hoffman played Shylock in London and on Broadway in 1989 and 1990, it was an international cultural event. And Laurence Olivier's film version of Merchant still captivates us. Part of what makes a classic is its capacity","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"2001 18","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1993-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132678567","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

Legislating Fantasms: Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius . E. de Grazia. 《幻想的立法:女孩无处不在的向后靠:淫秽的法律和对天才的攻击》。E. de Grazia。

Cardozo Studies in Law and Literature Pub Date : 1992-10-01 DOI: 10.1525/LAL.1992.4.2.02A00110

Yifat Hachamovitch

引用次数: 3

Sacred Kingship and Antinomianism: Antirrhesis and the Order of Things 神圣王权与反律法主义:反律法与事物秩序

Cardozo Studies in Law and Literature Pub Date : 1992-10-01 DOI: 10.1080/1535685X.1992.11015718

M. M. Slaughter

{"title":"Sacred Kingship and Antinomianism: Antirrhesis and the Order of Things","authors":"M. M. Slaughter","doi":"10.1080/1535685X.1992.11015718","DOIUrl":"https://doi.org/10.1080/1535685X.1992.11015718","url":null,"abstract":"Peter Goodrich's paper on antirrhesis gives us a method for analyzing the nature and history of law through the metaphors and tropes that lie in the legal unconscious. I would like to supplement his history to gloss it by digging in other areas of that cultural unconscious. I will concentrate on the early modern period because this is the point of time Goodrich uses to enter the long duree of legal history. The first thing I want to look at is the notion that law belongs to and creates an order of things. Here I am concerned with the boundaries created by the law, the way it delineates, and the way in which discontinuous bodies or things preserve their intactness and integrity. This is opposed to chaos, fragmentation, hybridization, and decomposition all of which lie outside the law. My point concerns Goodrich's thesis that the rationality, order, and legitimacy of the common law is based on a repressed genealogy that unites sacred kingship with nature, and the law with that sacred genealogy. It makes me uneasy reading Goodrich's paper knowing that within thirty years there will be a civil war and regicide and that by the end of the century there will be another revolution and deposition and that the dominant model for the kingship and state will become contract rather than the organic or mystical body. But to begin with the first subject: what lies outside the law and what that tells us about the nature of the inside of the law.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123060423","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

Response to Goodrich on the Antirrhetic 对古德里奇抗炎药的回应

Cardozo Studies in Law and Literature Pub Date : 1992-10-01 DOI: 10.1080/1535685X.1992.11015719

R. Weisberg

{"title":"Response to Goodrich on the Antirrhetic","authors":"R. Weisberg","doi":"10.1080/1535685X.1992.11015719","DOIUrl":"https://doi.org/10.1080/1535685X.1992.11015719","url":null,"abstract":"Peter Goodrich suggests that recent efforts to revive legal rhetoric must reckon with the historical reality that lawyers use rhetoric for foundational, anti-perspectival reasons. Figured speech is designed as apologia: to identify error (which is knowable), to correct it according to established patterns of belief, and then to punish it by excluding the errant words from the discursive arena. Goodrich has located an irony in the new rhetoric of such thinkers as Chaim Perelman or James Boyd White: to their optimistic, pluralistic reliance on rhetoric to restore community, Goodrich opposes antirrhetically a vision of absolute belief systems that use rhetoric to attack the relativism of logocentricity, to destroy, in other words, the notion itself of multifaceted and ideationally open dialogue.' If rhetoric is revived in its true sense, the word will fail. The \"constitution of community\" to which the new rhetoricians aspire (partly hoping thereby to dispel the threat of formalism they otherwise fear2) will fail to take place in part because of the very conjuration of rhetoric they are providing. Left to develop through traditional, non-rhetorically based legal means, the sometimes stodgy language of the law finds a way to grow and accommodate new voices and new demands;3 but rendered self-consciously rhetorical, legal speech is more likely to fold in on itself, to become defensive, to adapt the antirrhetic mode. Against the flawed optimism of the new lawtalkers, Goodrich thus situates a \"forensic rhetoric\" that, in harmony with legal history, is \"epistemological and semiotic.\" Goodrich roots legal rhetoric in values, not in process. The activity of \"dialogue,\" standing alone, serves no purpose but to deflect the energies of the less powerful speaker, to further the usually unspoken ultimate interests of the more powerful.4 The result of a rhetoricized law, although somewhat prettied up by an appeal to pluralism, is the same as it has always been: \"to dispute and exclude, to dissimulate and destroy.\"5 A rhetorics grounded solely in a genre of civic speech is a rhetorics unaware of history and unmindful of its own covert, but ultimately detectable, values.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"21 Suppl 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133662754","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

Property as Rhetoric in Law 法律上的财产修辞

Cardozo Studies in Law and Literature Pub Date : 1992-09-01 DOI: 10.1080/1535685X.1992.11015715

R. Kevelson

{"title":"Property as Rhetoric in Law","authors":"R. Kevelson","doi":"10.1080/1535685X.1992.11015715","DOIUrl":"https://doi.org/10.1080/1535685X.1992.11015715","url":null,"abstract":"It is nearly a decade since I first examined Peirce's semiotic tenet, which is that the theory of a \"new\" rhetoric, or what he calls Speculative Rhetoric, is synonymous with what he means by the Method or Methodology of semiotic inquiry.' But it is the centennial anniversary of that moment of insight in Peirce's long and complex career when, in 1892, he first calls attention to a major distinction between a doctrine of signs and his own pragmatic method of semiotics: the former is but a crystal, he says, while the latter ferments, grows, corrects itself, becomes complex and in a word, evolves, since all meaningful ideas, as sign-systems, evolve and become ever more complex.2 A decade later in 1902, he defines or redefines his earlier definition of Rhetoric, of the 1865 period, into the notion of Rhetoric as Semiotic Methodology.3 By 1910 he has clearly set out his idea of the very purpose of semiotic inquiry, which is to bring together two or more universes of inquiry or semiotic sign-systems into relationship, into ever more general comprehensiveness and meaning.4 It is the idea of Property in logic and Property in law which becomes, I argue here, the chief instrument for expanding traditional logic into semiotic logic, by understanding the concept of Property as a device of Rhetoric, i.e., of Semiotic Methodology. Thus law becomes prototypical of semiotics, in process, practice, and theory, by means of a more complex and continually evolving concept of Property. From shifting perspectives I have, in recent years, examined the relations between Property, Rhetoric, and Law as key ideas of Semiotics; here I will speak on Property as Rhetoric in Law and thus further my inquiry.5 I begin with Bentham: the idea of Property, in law and in traditional logic, as a rhetorical device or strategy is not new with Peirce, nor with me. For example, Bentham explicitly speaks of Property as a \"means\" or a method an instrument or tool for bringing about estimation and evaluation of people by others in society. Although Bentham wants to restrict the use of the term","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"448 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127608712","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: 8

Semiotics and Martin Luther King's “Letter from Birmingham Jail” 符号学与马丁·路德·金的《伯明翰监狱来信》

Cardozo Studies in Law and Literature Pub Date : 1992-09-01 DOI: 10.1080/1535685X.1992.11015721

S. Tiefenbrun

引用次数: 8