Cardozo Studies in Law and Literature最新文献_第9页

Runic Wisdom in "Njal's Saga" and Nordic Mythology: Roots of an Oral Legal Tradition in Northern Europe “纳加尔的传奇”和北欧神话中的符文智慧:北欧口头法律传统的根源

Cardozo Studies in Law and Literature Pub Date : 1991-03-01 DOI: 10.1080/1535685X.1991.11015691

Jeffrey L. Slusher

{"title":"Runic Wisdom in \"Njal's Saga\" and Nordic Mythology: Roots of an Oral Legal Tradition in Northern Europe","authors":"Jeffrey L. Slusher","doi":"10.1080/1535685X.1991.11015691","DOIUrl":"https://doi.org/10.1080/1535685X.1991.11015691","url":null,"abstract":"A 10th-century farmhouse on an isolated, volcanic, North Atlantic island is an unlikely home for one of the most influential sources of legal lore in European history. Yet the story of the happenings in the lives of the people in and around that farmhouse, as told by an unknown author around 1280 in Njal's Saga,' is as illuminating today as it was when first told over seven centuries ago. Njal, the farmer/lawyer2 who lived and was eventually burned to death in that farmhouse at Bergthorsknoll, is one of the two main characters of the saga. His were troubled and violent times, in which blood revenge was the norm, and his words \"With laws shall our land be built\" still sum up our own hopes for building a stable and peaceful society. This article wil briefly describe Njal the lawyer and the legal system in which he worked. It will then discuss the fundamental importance of the spoken word not only in resolving legal disputes in Njal's Saga, but also in the legal tradition of other northern European cultures. The article will then show the links not only between the legal tradition of reciting formulas and the mystical tradition of reciting runes, but also between the main characters in Njal's Saga and corresponding figures in Nordic mythology. Finally, this article will illustrate how the decline of the oral tradition in the law hastened the","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"52 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1991-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126264965","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

Literature Studies in Law Schools 法学院文学研究

Cardozo Studies in Law and Literature Pub Date : 1991-03-01 DOI: 10.1080/1535685X.1991.11015693

C. Dunlop

引用次数: 8

Exploring the Literary Function of Law and Litigation in Njal's Saga 论《纳加尔传奇》中法律与诉讼的文学功能

Cardozo Studies in Law and Literature Pub Date : 1991-03-01 DOI: 10.1080/1535685X.1991.11015692

Henry Ordower

引用次数: 5

“Deep Dialogue”—James Joyce's Contribution To American Constitutional Theory “深度对话”——詹姆斯·乔伊斯对美国宪法理论的贡献

Cardozo Studies in Law and Literature Pub Date : 1991-03-01 DOI: 10.1080/1535685X.1991.11015690

John Denvir

{"title":"“Deep Dialogue”—James Joyce's Contribution To American Constitutional Theory","authors":"John Denvir","doi":"10.1080/1535685X.1991.11015690","DOIUrl":"https://doi.org/10.1080/1535685X.1991.11015690","url":null,"abstract":"Dialogue is the newest \"buzz\" word in progressive constitutional theory.' Progressive constitutional scholars increasingly rely on the metaphor of \"dialogue\" to describe a properly functioning political process. The new \"process\" focus is most likely necessary in a society so radically polarized on substantive issues of public policy like abortion and affirmative action; where there is little agreement on substance it makes sense to talk rather than fight. Yet \"dialogue,\" especially dialogue at a high level of abstraction, can produce harmful results. It may more mask domination than produce consensus. This essay argues that we should accept no less than what I term \"deep dialogue\" as the appropriate model for constitutional practice. \"Deep\" is used in two separate but interrelated senses. First, it refers to discussions that attend to emotions as well as abstract reason. We must candidly face our feelings of ambivalence towards our potential interlocutors if we hope to discover a basis for meaningful dialogue. Secondly, the decision to enter into dialogue implies an attitude of communal sympathy towards our interlocutors. This sympathy in turn requires a dialogue \"deep\" in the sense that it reaches beyond talk to action. Paradoxically, immediate action to redress the misdeeds of the past is a prerequisite to any meaningful social dialogue on the future. This essay hopes to illustrate these points by rereading the work of Cass Sunstein, a constitutional \"dialogue\" theorist, in light of insights gleaned from a study of James Joyce's short story \"The Dead.\" I hope that my admittedly unorthodox method will not only lead the","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1991-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129432132","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

Palais de Justice and Poetic Justice in Albert Camus' The Stranger 加缪《异乡人》中的正义之宫和诗意的正义

Cardozo Studies in Law and Literature Pub Date : 1991-03-01 DOI: 10.1080/1535685X.1991.11015694

Ernest Simon

引用次数: 1

Barrie Stavis and Justice 巴里·斯塔维斯和正义

Cardozo Studies in Law and Literature Pub Date : 1990-10-01 DOI: 10.1080/1535685X.1990.11015679

P. Nagy

引用次数: 1

Lamp at Midnight: A Play About Galileo 午夜之灯:一部关于伽利略的戏剧

Cardozo Studies in Law and Literature Pub Date : 1990-10-01 DOI: 10.1080/1535685X.1990.11015674

Barrie Stavis

引用次数: 0

Authority and the Discourse of Modernity in Lamp at Midnight 《午夜之灯》中的权威与现代性话语

Cardozo Studies in Law and Literature Pub Date : 1990-10-01 DOI: 10.1080/1535685X.1990.11015675

R. Weimann

{"title":"Authority and the Discourse of Modernity in Lamp at Midnight","authors":"R. Weimann","doi":"10.1080/1535685X.1990.11015675","DOIUrl":"https://doi.org/10.1080/1535685X.1990.11015675","url":null,"abstract":"When, in the dramatic scene of the meeting of Cardinals in the Palace of the Inquisition, Pope Urban VIII raises the question as to the uses of \"authority,\" (2,35)1 he voices an issue that may well be said to be central to Lamp at Midnight. The word \"authority\" is used about a dozen times throughout the play; even more important, it connotes a recurring topos of dramatic conflict, as when writing in the form of \"Galileo's book\" is perceived as a challenge to institutionalized authority. This is the case when Galileo's treatise is by the same Pope declared as \"detrimental to the faith\" in that, among other things, it \"will damage the authority of the Church.\" (2,9) In order to guard \"the sanctity of our authority,\" (2,34) Father Firenzuola goes to the extreme of demanding more than the prohibition of the book, namely its burning. Here as elsewhere the conditions of institutionalized authority are made to appear vulnerable; they are threatened by a text inspired by the explosive insights of the new science. And they can be undermined from within the language of the Church. Paradoxically, the \"authority of the Catholic Church\" can be jeopardized, when the Pope's own signature may endanger it (\"were I to sign this document I would be placing the future authority of the Catholic Church in grave danger;\" 2,35). Again, writing even the Pope's writing of his own holy name can appear potentially subversive to the conservation of authority at least as long as this writing collides with what are considered the overriding interests of a daunting institution, including its power to enforce obedience, loyalty, and devotion.","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1990-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133947529","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

The Passionate, Personal Plays of Barrie Stavis 巴里·斯塔维斯充满激情的个人戏剧

Cardozo Studies in Law and Literature Pub Date : 1990-10-01 DOI: 10.1080/1535685X.1990.11015685

Ezra G Goldstein

{"title":"The Passionate, Personal Plays of Barrie Stavis","authors":"Ezra G Goldstein","doi":"10.1080/1535685X.1990.11015685","DOIUrl":"https://doi.org/10.1080/1535685X.1990.11015685","url":null,"abstract":"Barrie Stavis has chosen to devote his life to writing plays that require years of research before setting pen to paper. Once he finally begins to write, he becomes a craftsman, choosing each word and bit of punctuation with care, often going back weeks and months later to change a period here, a comma there. Stavis is the opposite of the facile playwright who can sit down at the typewriter and hammer out a scene: he will spend days, sometimes even weeks, on a speech or a few lines of dialogue. However, this exhausting attention to detail is not ultimately what determines whether his plays work or fail. Stavis succeeds to the degree that he is able to combine an artist's passion with a watchmaker's precision, because his goal is to be both passionate and precise, to render the deepest feelings of the human soul in a meticulously crafted piece of work. He tolerates neither sloppiness nor shallowness in his work or anyone else's. Obviously, Stavis could have chosen an easier way to write. He has just six plays to show for 50 years of work (he has much other writing to his credit, including two prose works based on the research he did for his plays; an oratorio; a script for television; a novel, a novella and several poems; and many articles and scholarly papers. But, as Stavis says, \"How I am regarded will stand or fall by the plays.\") And his plays, especially in the last several years, have gone so against the trend of the contemporary American theater that he has had few productions in this country. He has no regrets. \"How could I have done anything differently?,\" he asks.' \"I couldn't. Because I don't know what it means to compromise with my art. I never have, I never will, and that's it. \"Writing anything other than at the level I want to write bores the hell out of me. Writing is very difficult for me, so why do I want to waste my time writing junk? To go through the agony -and writing is an agony for me to go through the agony of writing. I'll only go through that level of agony for the very top, top level of my capacity.\" And why does he do it? \"Forget about numbers of","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1990-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134369253","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

To Side with the Light: Conscience and Power in the Drama of Barrie Stavis 《站在光明一边:巴里·斯塔维斯戏剧中的良心与权力》

Cardozo Studies in Law and Literature Pub Date : 1990-10-01 DOI: 10.1080/1535685X.1990.11015687

H. Shore

{"title":"To Side with the Light: Conscience and Power in the Drama of Barrie Stavis","authors":"H. Shore","doi":"10.1080/1535685X.1990.11015687","DOIUrl":"https://doi.org/10.1080/1535685X.1990.11015687","url":null,"abstract":"When the Guthrie Theatre in Minneapolis chose Harpers Ferry in 1967 as the first new play that it would produce, Tyrone Guthrie wrote: \"The play has been included in our classical repertoire because we believed it to be an interpretation of noble and monumental simplicity of a piece of American history, small almost local in scale, but like many apparently small events, of large symbolic importance .... Furthermore the architectural design of the play disregards the conventions of the naturalistic theater. Even if technical means could be found (and they probably could) of changing from scene to realistic scene without slowing up the play's progress, literal indications of locality would reduce the legendary nature of John Brown's extraordinary exploit to the level of prosaic fact.\"' Like all of the Barrie Stavis plays, Harpers Ferry is a play of history, but it is not an historical play in the conventional sense. It does not treat the facts of history realistically. To quote Tyrone Guthrie again, Barrie Stavis \"has selected and simplified, not with the intention of grinding a moral or political axe, nor to magnify or minimize John Brown's achievement, nor to glorify or denigrate his character; but rather to show that a person of such character cannot, literally cannot, act otherwise than as he believes right.\" (8) Pure in his idealism, John Brown was ready to pay with his life for his","PeriodicalId":312913,"journal":{"name":"Cardozo Studies in Law and Literature","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1990-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121534865","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