Law & LiteraturePub Date : 2022-11-25DOI: 10.1080/1535685X.2023.2145065
I. Ward
{"title":"Law and Love in Ovid: Courting Justice in the Age of Augustus","authors":"I. Ward","doi":"10.1080/1535685X.2023.2145065","DOIUrl":"https://doi.org/10.1080/1535685X.2023.2145065","url":null,"abstract":"The Augustan poet Publius Ovidius Naso is known chiefly for two things: the brilliance of his writing, and the mystery of his fall. The possibility that the latter had something to do with the former sharpens the intrigue. Born in 43 BC, Ovid died in Tomis (modern-day Constanta) on the shores of the Black Sea in 18 AD. It was, quite literally, the furthest reach of the Roman Empire. Ovid had been “relegated” to Tomis a decade earlier, by order of Emperor Augustus. The exact reason remains a matter of speculation, and Ovid’s exile writings, Tristia and Epistulae ex Ponto, are maddeningly evasive. A “poem and an error” (Tristia.2.207), apparently, but he did not say which poem or what error. The more salacious rumour conjectures an affair with an Augustan princess, or involvement in a failed palace-coup. A regular presence at court, part of Maecenas’s literary circle, close friend of Augustus’s daughter, tutor to his granddaughter; both of whom would eventually fall from grace, for alleged sexual transgressions, and suffer similar banishments. Maybe Ovid just saw or said something which he should not have. More likely, though, it was something he wrote. Here, there is plenty from which to pick. A series of love-elegies, the Ars amatoria and the Amores, a seemingly incomplete calendrical celebration of Rome, Fasti, the Heroides, a set of imaginary love-letters written chiefly in the female voice. Also, there was a text which really captured the Renaissance imagination, Metamorphoses, a vast fifteen-book poetic “history” of Rome. Up until very recently, though, despite all the brilliance and the mystery, Ovid has rather evaded the attention of literary jurists, a supposition which can be broadly applied to Roman literature itself. There is certainly far less Roman poetry to be found in the “canon” of law and literature than there is Shakepearean, far less Ovid than there is Dickens or Dostoevski. Ioannis Ziogas’s Law and Love in Ovid is a sustained, and compelling, attempt to redress this imbalance. Ovid’s writing, Ziogas contends, was “deeply steeped in the language and rituals of law,” for which reason “below the glimmering surface” of his “wit” can be discovered an “ocean of amatory jurisprudence” (ix, 5). To an extent, it is a jurisdictional argument, which supposes that Ovid was determined to remit matters, and disputes, of love from the authority of the civil law to the poetic offices of a praeceptor amoris. Something which, in the moment, represented a more than whimsical challenge to the authority of the princeps. Around 18 BC Augustus had enacted two new leges, the lex Iulia de maritandis ordinaribus and the lex Iulia de adulteriis coercendis, the former to promote marriage, the latter to deter adultery. The reason, as Augustus later confirmed in his Res gestae, was to restore “many of the good practices of our ancestors that were","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122356395","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}
Law & LiteraturePub Date : 2022-11-25DOI: 10.1080/1535685X.2023.2145064
Abigail Loxham
{"title":"Sensing Justice through Contemporary Spanish Cinema: Aesthetics, Politics","authors":"Abigail Loxham","doi":"10.1080/1535685X.2023.2145064","DOIUrl":"https://doi.org/10.1080/1535685X.2023.2145064","url":null,"abstract":"interest of Capital Letters is the way in which Morisi puts them in conversation in progressively more complex ways as the study develops. Readers are invited to consider not only the dialogue among their stated positions and arguments for or against the death penalty, but also among the more profound ideas about language, art, poetics, and their relationship to the legal and social questions of state killing that underpin the authors’ thinking about the issue. This rich consideration of the authors’ conversation across time brings out nuances that complicate what might at first seem to be a relatively simple dialectical dynamic among them. Morisi’s approach to the analysis of the texts is rather traditional – primarily close reading, drawing on the theoretical work of Agamben, Foucault, Girard, and Ranci ere – but it would be a mistake to see this as a weakness of this volume: these readings are suited to the questions of poetics that Morisi places at the center of her inquiry, and they are elegantly executed and lead to wellfounded and convincing conclusions which, while fundamentally literary, are clearly contextualized in historical socio-political and legal realities. But Capital Letters offers us an additional contribution, beyond the specific realm of Hugo, Baudelaire, Camus, and the two-centuries-long debate that led to the end of capital punishment in France: an invitation to consider the ways in which our ideas about art and literature, and about their creation, roles, and value, influence the life-or-death social and legal questions that societies face in every century.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116205277","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}
Law & LiteraturePub Date : 2022-11-18DOI: 10.1080/1535685x.2023.2145063
B. Lewis
{"title":"Capital Letters: Hugo, Baudelaire, Camus, and the Death Penalty","authors":"B. Lewis","doi":"10.1080/1535685x.2023.2145063","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2145063","url":null,"abstract":"","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123896276","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}
Law & LiteraturePub Date : 2022-08-26DOI: 10.1080/1535685X.2022.2095785
Marett Leiboff
{"title":"Ian Ward, the Play of Law in Modern British Theatre","authors":"Marett Leiboff","doi":"10.1080/1535685X.2022.2095785","DOIUrl":"https://doi.org/10.1080/1535685X.2022.2095785","url":null,"abstract":"Ian Ward’s Play of Law leads us into the warps and wefts of differing modes of approaching text andwritingwithin the tradition of the law and literaturemovement. Though taking us into some contemporaneous staging controversies, and despite the adoption of the definite article, this is not a conspectus of the law within modern British theatre. Instead,Ward playswith and on playtexts and law through a series of essays that ventilate jurisprudential plays of law. His commitment to literary jurisprudence (x, 11), andmore particularly a commitment to a particular strand of theatre writing that is meant to be read (5), sees him take Simon Shepherd’s corralling of textbased “classical” British theatre into its own sub-category, against the broader theatrical practice inwhich it sits (4). So however the playsmight have been created in the first place, the book is cast as the writing and presentation of legal issues on the modernBritish stage (5). YetWard’s “Play” does somethingmore again. Woven through the book is an additional layer – jointly, severally, or on occasion in isolation – of law, politics, and history. But not just of the plays, or of the law. So too some of the creators themselves and their own politics, most notably through a trio of theatre practitioners now in their 70 s and 80 s, whose Oxbridge credentials are omitted but whose left-wing politics are not: David Hare, Caryl Churchill, Howard Brenton (7, 15, 56). The political here is largely that of the theatre practitioner, but to some small extent too, government policy as it affects the legal profession, such as the characterisation of criminal responsibility and rape. History, too, is bound up in the practices of play creation, most notably in the work Caryl Churchill did in the mid-1970s with both Joint Stock, a theatre group set up by Hare and Brenton to work with identified research materials, and the group-devised practices of the still extant feminist theatre collective, Monstrous Regiment, background largely, but not wholly, missing from Ward’s account. The resulting theatre pieces, contemporary but grounded in the","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126677876","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}
Law & LiteraturePub Date : 2022-08-01DOI: 10.1080/1535685x.2022.2095789
Edward Mussawir
{"title":"Maksymilian Del Mar, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication","authors":"Edward Mussawir","doi":"10.1080/1535685x.2022.2095789","DOIUrl":"https://doi.org/10.1080/1535685x.2022.2095789","url":null,"abstract":"","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123500307","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}
Law & LiteraturePub Date : 2022-07-21DOI: 10.1080/1535685x.2022.2095787
Julia Reinhard Lupton
{"title":"Stephanie Elsky, Custom, Common Law, and the Constitution of English Renaissance Literature","authors":"Julia Reinhard Lupton","doi":"10.1080/1535685x.2022.2095787","DOIUrl":"https://doi.org/10.1080/1535685x.2022.2095787","url":null,"abstract":"","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134013838","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}
Law & LiteraturePub Date : 2022-06-29DOI: 10.1080/1535685X.2022.2085416
Reuben Carias
{"title":"Eros against Law: Levinas and Erotic Interiority in Don Juan of Kolomea","authors":"Reuben Carias","doi":"10.1080/1535685X.2022.2085416","DOIUrl":"https://doi.org/10.1080/1535685X.2022.2085416","url":null,"abstract":"Abstract Critiquing Levinas’s serenely ethical conception of Eros, this essay challenges the Levinasian notion that the Erotic maintains an ethical framework, resulting in the inevitable return to the ethical through fecundity. Assuming the Legalistic Masochean turn within Levinas, as established by Kantor’s works, this article offers a literary analysis of Masoch’s Don Juan of Kolomea. Incorporating this emotive literary text as an interlocutor with whom Levinas’s conception of Eros can both be critiqued and corporealized, compelling new insights can be gleaned which invite discussion and commentary on both Levinas’s powerful if naively placid conception of Eros and more broadly upon the incumbent desire within modern discourse to conceive of only that Eros which is ethical. Within the pages of Masoch, Levinas’s Eros is conceived as that which refutes the ethical compulsion of the Other as Law. It is an Eros beyond ethics, against Law and tragically beyond the beleaguered beloved.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133278694","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}
Law & LiteraturePub Date : 2022-06-22DOI: 10.1080/1535685X.2022.2084285
Michiel Bot
{"title":"Disrupting Undocumentation: Municipal ID Cards against Passport Fetishism","authors":"Michiel Bot","doi":"10.1080/1535685X.2022.2084285","DOIUrl":"https://doi.org/10.1080/1535685X.2022.2084285","url":null,"abstract":"Abstract In this article, I interpret municipal ID card programs as disruptions of nation-state practices of documentation and what I call undocumentation: requiring specific documentation in a wide variety of situations, while refusing to issue such documentation to people without legal residency. To understand municipal ID card programs as disruptions of these exclusionary practices, I analyze the relation between nation-states, people, and documents through close readings of two works of literature that dramatize the “fictive” nature of this relation: the dialogue on passports in Bertolt Brecht’s 1940 Refugee Conversations, and Sizwe Bansi is Dead, a 1972 play devised by Athol Fugard, John Kani, and Winston Ntshona that explores undocumentation during the infamous pass laws in apartheid South Africa. I argue that these works ironize the fetishization of documentation and undocumentation, which disguises the actual relations between people as relations between passports. I then argue that municipal ID card programs do not institute alternative forms of membership on a local level, or create sanctuaries that offer refuge from the secular world of power, but disrupt the monopolization and fetishization of the means of identification and documentation by nation-states, and reclaim these means for everyday use.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133195528","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}
Law & LiteraturePub Date : 2022-05-04DOI: 10.1080/1535685X.2021.1885157
Matthew K. Bell, D. Vecchiato
{"title":"Legal Cultures in the Age of Goethe: An Introduction","authors":"Matthew K. Bell, D. Vecchiato","doi":"10.1080/1535685X.2021.1885157","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885157","url":null,"abstract":"This special issue aims at examining various forms in which legal practices and the law are integrated and reflected upon in German literary texts of the socalled “saddle period” around 1800, an age of momentous historical transitions and paradigm shifts in society and politics, but also in literature and the legal system. The years between c. 1770 and 1830, which are widely considered as the apogee of German literary culture, are often referred to as the “Age of Goethe,” as they coincide chronologically with the literary and intellectual production of one of its most defining protagonists. In the present volume, we do not use this expression to suggest that Goethe dominated the period as a singular, towering master, subsuming all the complex cultural developments of the time under the perspective of his work; instead, we refer to the broadest possible context of Goethe’s time and his contemporaries, a time that encompasses some of the most significant political events in modern European history (French Revolution, Napoleonic Wars, Restoration), as well as highly influential literary and philosophical movements, from the Sp€ ataufkl€ arung (late German Enlightenment) to Idealism, from Weimar Classicism to Romanticism. In the context of these historical, political, and cultural ferments, the decades around 1800 were marked by extensive debates and profound changes in the legal and penal system. At least three different conceptions of law were competing in Europe at the time: “the tradition of Roman law with its tendency toward codification; the philosophy of natural law with its claim to reason and order; and the practice of customary law with its appeal to familiarity.” The conflicting coexistence of these different traditions was particularly pronounced in that fragmented patchwork of territorial, political, and legal particularisms that constituted the Holy Roman Empire of the German Nation. Since the fifteenth and sixteenth centuries, the various territories of the Empire had been ruled by the","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117138535","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}
Law & LiteraturePub Date : 2022-04-04DOI: 10.1080/1535685X.2022.2052598
E. Achermann, K. Stierstorfer
{"title":"Squaring Law and Literature: Materiality – Comparativity – Constitutivity","authors":"E. Achermann, K. Stierstorfer","doi":"10.1080/1535685X.2022.2052598","DOIUrl":"https://doi.org/10.1080/1535685X.2022.2052598","url":null,"abstract":"Abstract The relationship between law and literature has received widespread and multifarious attention. Numerous attempts have been made to categorize mutual relations, and the following constitutes one further attempt to do so. The essential thesis put forward here proposes the concepts of materiality, comparativity and constitutivity as forming the coordinates comprehensive enough to map the whole area of interrelations between law and literature. Such an overarching cartography can accordingly be produced by analyzing what happens to law when it becomes an object in a literary text and what happens to literature when it becomes an object of the law (materiality); by analyzing in what ways the two fields can be compared to each other, including a comparison between their respective concepts of comparison on a meta-level; and by looking at the ways law and literature can complement or even (claim to) replace or supersede each other. In the process of these juxtapositions, great care will be taken to address law and literature as equal partners which interact on the same level. Legal and literary studies, the two major disciplines involved, will be shown to meet in this collaborative venture to explore and comment on the transformative processes in their respective spheres. Similarly, none of the three aspects or approaches in the cartography will be prioritized, which in itself can lead to innovative insight, as in the case of materiality reinvigorating, for instance, the study of “law in literature” which had come to be considered as slightly dated in some recent scholarship.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134308891","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}