Cardozo Studies in Law and Literature最新文献_第8页

The Prophet and the Law in Early Judaism and the New Testament 早期犹太教和新约中的先知和律法

Cardozo Studies in Law and Literature Pub Date : 1992-09-01 DOI: 10.1080/1535685X.1992.11015713

B. Jackson

引用次数: 3

The Continuance of the Antirrhetic 抗炎药的持续

Cardozo Studies in Law and Literature Pub Date : 1992-09-01 DOI: 10.1080/1535685X.1992.11015716

P. Goodrich

{"title":"The Continuance of the Antirrhetic","authors":"P. Goodrich","doi":"10.1080/1535685X.1992.11015716","DOIUrl":"https://doi.org/10.1080/1535685X.1992.11015716","url":null,"abstract":"of the common law tradition borrow their argumentative (dialectical) structure and oratorical form from the theological genre of antirrhetici, namely discourses of denunciation directed at outsiders, heretics, iconoclasts and more anciently still against those who have harmed their kin.2 It would be argued further that there is a remarkable isomorphism between the specific rhetorical form of the antirrhetici, the antiportrait of the heretic or schismatic as being against God, against Nature and against Reason, and the antithetical forms of proof utilized in the early constitutional writings of common lawyers. Those that would resist the law or question the constitution in a polity which had been from the Act of Supremacy to the present day explicitly both ecclesiastical and temporal, spiritual and secular, were sacrilegious, unnatural and irrational if not always explicitly insane. The constitution, the community of doctrine and of law, had to be defended and indeed would define itself antirrhetically: the lex terrae was a law established against an outside peopled by strangers, foreigners, \"aegyptians,\" hermaphrodites, \"langobards\" and other untouchables.3 Similarly, there were enemies within the constitution and against whose antiportrait the image of the upstanding legal subject could be projected: those that would question the law, scholars, historians, linguists, those that could not belong to the law, women in particular, those that wished an independent judgment or that vulgarly came too close to the Crown.4 In one sense, the above argument as to the antirrhetical character of legal writing and legal speech is unsurprising if not necessarily unremarkable. The art of forensic rhetoric was developed principally in adversarial or classically agonistic contexts. Its practices historically have been elaborated around commonplaces or argumentative topoi listed so as to confirm the familiar and confute opposing arguments. Its goal or end was to elicit an absolute judgment predicated upon or justified by proof of cause or of guilt that was","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"63 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":"126886011","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

Crime in Claudel's “Le Pain Dur”: A Legal Perspective 克劳德尔《痛苦的战争》中的犯罪:一个法律视角

Cardozo Studies in Law and Literature Pub Date : 1992-04-01 DOI: 10.1080/1535685X.1992.11015706

N. Hellerstein

{"title":"Crime in Claudel's “Le Pain Dur”: A Legal Perspective","authors":"N. Hellerstein","doi":"10.1080/1535685X.1992.11015706","DOIUrl":"https://doi.org/10.1080/1535685X.1992.11015706","url":null,"abstract":"The French diplomat and dramatist Paul Claudel (1868-1955) began his career as a member of the Symbolist movement during the late 19th century, and his theater reflects this origin in its essentially poetic character. Claudel rejected traditional, realistic psychology in his plays, utilized free verse, and emphasized the spiritual dimension of man's search for meaning. Yet this poetic approach did not prevent him from dealing with some of the most brutal and elemental impulses in the human psyche. In particular, the themes of death, crime, and usurpation figure prominently throughout his theater.1 His Trilogy, composed between 1908 and 1916, traces the fortunes of three generations of the Turelure-CoOfontaine family, from the French Revolution to the Second Empire. Unlike most of Claudel's other plays, the Trilogy is a relatively realistic work, which vividly depicts the bitter physical and emotional struggle for dominance and satisfaction among the family members. The themes of death and usurpation play an important role in all three of its parts. I focus here on the second play of the Trilogy, Le Pain dur,2 the most violent and somber of the three plays, and on the problems of criminal law raised by the events it describes. The central event is an act of murder, and it is prepared and carried out along the lines of classic criminal behavior. Thus a legal analysis, with its vocabulary, logical structure, and tools of behavioral and ethical evaluation, can help to clarify the complex aesthetic structure of the work. If, by treating a fictional crime according to the \"rules\" of a real legal system, I momentarily take it out of the realm of pure literary imagination and freedom and situate it in the \"real world,\" I eventually return to the representational domain of Claudel's imagination. Indeed, the two domains, the legal and the literary, are in fact closer than they might appear. The legalistic criteria are","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"455 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116233355","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

Rethinking Holocaust Testimony: The Making and Unmaking of the Witness: Testimony: Crises of Witnessing in Literature, Psychoanalysis, and History . Shoshana Felman, Dori Laub. 重新思考大屠杀的证词:证人的制造和毁灭;证词:文学、精神分析和历史中见证的危机。Shoshana Felman, Dori Laub。

Cardozo Studies in Law and Literature Pub Date : 1992-04-01 DOI: 10.1525/LAL.1992.4.1.02A00050

Sara R. Horowitz

引用次数: 397

: The Wallace Stevens Case: Law and the Practice of Poetry . Thomas C. Grey. 华莱士·史蒂文斯案:法律与诗歌实践。托马斯·c·格雷。

Cardozo Studies in Law and Literature Pub Date : 1992-04-01 DOI: 10.1525/LAL.1992.4.1.02A00070

David Sanua

引用次数: 0

Rhetoric and Real Property in Tudor England: Thomas Starkey's “Dialogue Between Pole and Lupset” 都铎王朝时期英国的修辞与不动产:托马斯·斯塔基的“波兰人与拉普特人的对话”

Cardozo Studies in Law and Literature Pub Date : 1992-03-01 DOI: 10.1080/1535685X.1992.11015707

A. Buck

引用次数: 1

Story of an Ordinary Massacre: Civitella della Chiana, 29 June, 1944 一个普通大屠杀的故事:1944年6月29日，中国公民

Cardozo Studies in Law and Literature Pub Date : 1991-10-01 DOI: 10.1080/1535685X.1991.11015698

V. D. Grazia, L. Paggi

引用次数: 0

The Witnesses of Civitella 奇维特拉的见证者

Cardozo Studies in Law and Literature Pub Date : 1991-10-01 DOI: 10.1525/LAL.1991.3.2.02A00040

M. Menchetti, Widow Lammoni, Cheryl Z. Weisberg, V. D. Grazia

引用次数: 0

Crisis of Witnessing: Albert Camus' Postwar Writings 见证的危机:阿尔贝·加缪的战后写作

Cardozo Studies in Law and Literature Pub Date : 1991-10-01 DOI: 10.1080/1535685X.1991.11015700

S. Felman

引用次数: 10

I'm Just Going to Feed Adolphe 我只是去喂阿道夫

Cardozo Studies in Law and Literature Pub Date : 1991-04-01 DOI: 10.1080/1535685X.1991.11015695

Edward de Grazia

{"title":"I'm Just Going to Feed Adolphe","authors":"Edward de Grazia","doi":"10.1080/1535685X.1991.11015695","DOIUrl":"https://doi.org/10.1080/1535685X.1991.11015695","url":null,"abstract":"Nine years after the Supreme Court silently permitted Doubleday and Company to stand convicted and fined by New York State for publishing Edmund Wilson's Memoirs of Hecate County, and thereby effectively suppressed that novel throughout the nation for being \"obscene,\"' the Court took up the case of a publisher named Samuel Roth, who had been sentenced to prison for selling \"obscene\" literature of another kind. Although the Court would affirm Sam Roth's conviction, the opinion written by Justice William J. Brennan, Jr. was the Supreme Court's first move to liberate literature and art from governmental censorship. Roth and his wife, Pauline, made their living by publishing risqud literature, usually reprinted and frequently pirated, which they advertised and sold mainly through the mails. Sam Roth was one of a number of publishers after World War II who devoted themselves to serving the demonstrable interest of Americans in sexual images and ideas, and sexually oriented publications. To Roth, this was \"a healthy, normal interest -vigorous and creative.\" Others -and notably moral and religious vigilante groups, bureaucrats in the federal postal and customs services, police, federal and state prosecutors, trial and appellate judges, and the chief justice of the United States -had a different view. United States Second Circuit Chief Judge Charles Clark called Roth \"an old hand at publishing and surreptitiously mailing to those induced to order them such lurid pictures and materials as he can find profitable.\" To Earl Warren, the Supreme Court's new chief justice, Roth and his ilk were just \"plainly engaged in the commercial exploitation of the morbid and shameful craving\" that some Americans had \"for materials with prurient effect.\" In Thy Neighbor's Wife, published in 1980, Gay Talese outlined the lives and publishing styles of Roth and others of the breed, including George Von Rosen, Marvin Miller, Al Goldstein, Ralph Ginzburg, and William Hamling. Their enterprise in exciting male fantasies about the sexual nature of women would not be recognized by the Supreme Court as having implications for freedom of the press until waves from the sexual revolution washed up against the high bench, during the late 1960's. Warren's biographers are agreed that from the day he joined","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1991-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126979115","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