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Dead Hands, or, How the French Stopped the Dead Seizing the Living 《死亡之手》或《法国人如何阻止死人抓活人
Law & Literature Pub Date : 2021-04-08 DOI: 10.1080/1535685X.2021.1902634
A. Counter
{"title":"Dead Hands, or, How the French Stopped the Dead Seizing the Living","authors":"A. Counter","doi":"10.1080/1535685X.2021.1902634","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1902634","url":null,"abstract":"Abstract The French Revolution’s severe restriction of the right of bequest reflected and consolidated a longstanding French legal skepticism about the ability of the dead to control property and, through property, the living. This article argues that this “resistance” to the power of the dead, and its legal enactment by the Revolution, had significant consequences not only for the legal but also for the literary cultures of post-Revolutionary France. The most straightforward of these was the relative absence of inheritance plots, and especially plots involving wills, in nineteenth-century French fiction, compared to their abundance in Victorian fiction. But through a reading of Honoré de Balzac’s “The Elixir of Life” and Colonel Chabert, the article suggests that this resistance was itself sometimes thematized, and allowed for a reflection on the difficult relationship of modern France to its Revolutionary and pre-Revolutionary past, as well as on the all-powerful status of the law.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"274 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131521532","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
Torture and Autobiography: A Scarrian Reading of Self, Rights, and Revolution in Lualhati Milan Abreu’s Dawn 折磨与自传:卢拉哈蒂·米兰·阿布鲁的《黎明》中自我、权利与革命的神圣解读
Law & Literature Pub Date : 2021-04-08 DOI: 10.1080/1535685X.2021.1896115
J. D. Bagulaya
{"title":"Torture and Autobiography: A Scarrian Reading of Self, Rights, and Revolution in Lualhati Milan Abreu’s Dawn","authors":"J. D. Bagulaya","doi":"10.1080/1535685X.2021.1896115","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1896115","url":null,"abstract":"Abstract Using the analysis developed in Elaine Scarry’s seminal The Body in Pain: The Making and Unmaking of the World (1985) as its framework, the article seeks to analyze the structure of torture as represented in autobiography and understand the role of autobiographical writing in the reconstruction of self and the emergence of rights. A reading of Lualhati Milan Abreu's Dawn shows that autobiography can have a complicit role in the structure of torture. Through the torturers’ demand for an autobiography that details the victim’s life, including the critical admission of being a spy for the government, torture destroys the persona’s pre-torture self and world and a new self is constituted in the exigencies of survival and the alleviation of pain. The persona thereby assumes a new identity, confesses her guilt, and implicates other people in the crime of spying. This article argues that Dawn, published twenty years after the acts of torture, constitutes an attempt to reconstruct the author's self and the revolutionary plot in which it played a role. In retelling her life, Abreu reembodies her self, provides it with flesh, wounds, and sex. In this reconstruction, another self emerges armed with rights and a demand for fair treatment. Moreover, the retelling also re-emplots the revolution to counter end-of-revolution narratives generated by the purges committed by the rebels against their comrades. Abreu’s narrative thus affirms the plot of revolution as a movement towards rights and liberty. By subsuming rights discourse into a larger revolutionary discourse, the narrative distinguishes itself from “human rights bestsellers” and remains intransigently insurrectionist.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129331741","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
Destructive Legacies: Thomas Bernhard’s Literary Critique of Inheritance 破坏性遗产:托马斯·伯恩哈德对遗产的文学批判
Law & Literature Pub Date : 2021-04-07 DOI: 10.1080/1535685X.2021.1902642
Ulrike Vedder
{"title":"Destructive Legacies: Thomas Bernhard’s Literary Critique of Inheritance","authors":"Ulrike Vedder","doi":"10.1080/1535685X.2021.1902642","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1902642","url":null,"abstract":"Abstract Bernhard’s literary texts are replete with (juridically well-informed) inheritance stories, last wills and legacies, inheritance conflicts and constraints. Many texts follow in their construction the genealogical line from fathers to sons that is burdened by an always fatal family and national history, which is represented via inheritance law and narration. A case in point is the story “Ungenach” (1968), in which the son, as the sole heir, is confronted with a rich inheritance bequeathed to him by his father, who owned huge estates. The story deals with his efforts to organize an “Abschenkung” (divestment by donation) in favor of criminals and outsiders to get rid of his ancestry. A similar plot rules Bernhard’s great novel Auslöschung ([Extinction] 1986) on the last will of a wealthy family in the aftermath of Austrian fascism. The paper examines the juridical and poetic dimensions of Bernhard’s inheritance writings – beginning with the conflicts around Thomas Bernhard’s own last will, which prohibits all performances of his plays in Austria.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"06 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127195475","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
Disputing the Emotional Estate. Moral and Financial Inheritance in Vigdis Hjorth’s Will and Testament (2016) and Helga Hjorth’s Free Will (2017) 争论情感财产。《维迪斯·赫约斯的遗嘱与遗嘱》(2016)和《黑尔加·赫约斯的自由意志》(2017)中的道德与财务继承
Law & Literature Pub Date : 2021-04-07 DOI: 10.1080/1535685X.2021.1902641
Bodil Selmer
{"title":"Disputing the Emotional Estate. Moral and Financial Inheritance in Vigdis Hjorth’s Will and Testament (2016) and Helga Hjorth’s Free Will (2017)","authors":"Bodil Selmer","doi":"10.1080/1535685X.2021.1902641","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1902641","url":null,"abstract":"Abstract Arv og miljø [Will and Testament] is about incest, trauma, and an inheritance dispute among four middle-aged siblings concerning testamentary dispositions of two beloved and valuable family cabins. Similarities between the characters in the novel and members of the author’s family were evident to the Norwegian public. Consequently, the novel provoked a counter novel Fri vilje [Free Will] from Hjorth’s sister. Within the general framework of Norwegian inheritance law, this article analyzes the interplay between emotions, intimate relationships, and financial dispositions as expressed in the testament and in the conflicting views on fairness and equity articulated in the two novels.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122730654","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
“No Woman, Much Less a Woman of Fortune, is Ever Fit to Be Her Own Mistress”: Gender, Wealth, and Agency in Inheritance Novels from the Eighteenth and Nineteenth Centuries “没有一个女人，更不用说一个富有的女人，适合做自己的女主人”:十八、十九世纪继承小说中的性别、财富和代理
Law & Literature Pub Date : 2021-04-07 DOI: 10.1080/1535685X.2021.1902636
Beth Cortese, Julie Hastrup-Markussen, R. Kristensen-McLachlan
{"title":"“No Woman, Much Less a Woman of Fortune, is Ever Fit to Be Her Own Mistress”: Gender, Wealth, and Agency in Inheritance Novels from the Eighteenth and Nineteenth Centuries","authors":"Beth Cortese, Julie Hastrup-Markussen, R. Kristensen-McLachlan","doi":"10.1080/1535685X.2021.1902636","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1902636","url":null,"abstract":"Abstract, This article compares the agency of heiresses with that of male heirs in eighteenth- and nineteenth-century novels focused on inheritance to investigate whether heiresses faced more restrictions on their financial and personal freedom compared with other characters from the period due to their fortune. We test James Thompson’s claim that “inheritance is enabling or authorizing for male protagonists and disabling for female protagonists” using computational analysis of a corpus of twenty-nine novels and combine our results with close reading of the novels from our corpus. We found that the representation of heiresses’ and heirs’ agency varies according to genre. Heiresses had more agency than expected, this was especially the case for heiresses in gothic fiction. We noticed a decline in the agency of male heirs in the nineteenth century compared with the eighteenth century, while the agency of other character types such as unmoneyed characters appears to increase.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130545867","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
Imperfect Facsimiles: The Library and the Museum1 不完美的复制品:图书馆和博物馆
Law & Literature Pub Date : 2021-04-06 DOI: 10.1080/1535685X.2021.1885155
W. Wong
{"title":"Imperfect Facsimiles: The Library and the Museum1","authors":"W. Wong","doi":"10.1080/1535685X.2021.1885155","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885155","url":null,"abstract":"Abstract What can the institutional practices of libraries and museums tell us about the ways in which our culture conceives of knowledge and aesthetics? How might their architectures, and our navigation of them, map upon the distinctions we make in our minds, dividing real from fake, legitimate from illegitimate, art from fact? This article lays out the conceptual and spatial constructs that are the Library and the Museum, detailing how even trivial norms within them uphold crucial philosophical distinctions, for example, surrounding authorship and authenticity. It then examines two recent cases of forgery in order to reveal how and why thinking across the thresholds of these distinctions, tenuous as they are, can provoke moral and legal consequences.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126016943","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
Schiller’s Demetrius Project: Questions of Legitimacy for the Twentieth Century 席勒的德米特里厄斯计划:二十世纪的合法性问题
Law & Literature Pub Date : 2021-03-08 DOI: 10.1080/1535685X.2021.1885161
Maria Carolina Foi
{"title":"Schiller’s Demetrius Project: Questions of Legitimacy for the Twentieth Century","authors":"Maria Carolina Foi","doi":"10.1080/1535685X.2021.1885161","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885161","url":null,"abstract":"Abstract This essay explores the way in which Schiller problematizes power legitimation in his dramatic fragment Demetrius, and demonstrates how relevant this unfinished text was to early twentieth-century political thinking on legitimacy in Germany. This is not a matter of mere speculation: there is evidence, both direct and indirect, of the influence of Schiller, and in particular of his Demetrius, on three important intellectuals: Ferdinand Tönnies, Max Weber, and Carl Schmitt. Rather than discuss the reception of Schiller’s text by legal philosophers, this essay shows, via a close reading of the play, how Schiller’s theater around 1800 reveals the problematic nature of various aspects of power legitimation and how these emerged with particular force during the early twentieth century, when they intersected with the legal and political reflections of the time.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134191783","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
“What Is New?”: Reading Kleist’s Michael Kohlhaas (1810) as a Reflection on the Procedural Nature of Justice “有什么新鲜事?”:阅读克莱斯特的《迈克尔·科尔哈斯(Michael Kohlhaas, 1810)对正义的程序本质的反思》
Law & Literature Pub Date : 2021-03-08 DOI: 10.1080/1535685X.2021.1885162
Jessica M. Maaßen
{"title":"“What Is New?”: Reading Kleist’s Michael Kohlhaas (1810) as a Reflection on the Procedural Nature of Justice","authors":"Jessica M. Maaßen","doi":"10.1080/1535685X.2021.1885162","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885162","url":null,"abstract":"Abstract In the Age of Goethe major legal reforms occurred, which are reflected in the works of numerous writers. One of these authors is Heinrich von Kleist, who brings together different legal concepts in his novella Michael Kohlhaas (1810) and sets them in a conflicting relationship. Kleist, who is usually seen as being ahead of his time, not only reflects on the procedural reforms of the Age of Goethe but also anticipates reforms that will soon follow. What is often overlooked in discussions of Michael Kohlhaas is that the protagonist of the novella is not a typical avenger; he does not ignore current law in order to take the law into his own hands, rather he tries to draw attention to a corrupted juridical system in need of reform. As “one of the most righteous individuals of his time,” Kohlhaas insists on a fair legal procedure and even accepts a death sentence as its consequence. It is not by chance that Kleist chooses the genre of the novella for his adaption of a historical case story: in German, Novelle can name the literary genre, as well as a revision of current law (Gesetzesnovelle).","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"301 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122944485","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 Last Emblem. The Frontispiece to Vico’s New Science in the Light of Sugimoto’s Theaters as the Other Side of Aristotelian Language 最后的徽章。从杉本剧场作为亚里士多德语言的另一面看维科的《新科学》的扉页
Law & Literature Pub Date : 2021-03-04 DOI: 10.1080/1535685X.2021.1847794
Paolo Heritier
{"title":"The Last Emblem. The Frontispiece to Vico’s New Science in the Light of Sugimoto’s Theaters as the Other Side of Aristotelian Language","authors":"Paolo Heritier","doi":"10.1080/1535685X.2021.1847794","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1847794","url":null,"abstract":"Abstract The article analyses the title page of Vico’s New Science in light of Hiroshi Sugimoto’s series Theaters and the emblematic of Goodrich and Legendre, showing how the rhetorical tradition of Italian legal humanism and the Japanese visual culture conceive a vision of Law and Humanities that opposes Cartesian rationalism and the logocentrism of contemporary legal positivism. Visual legal studies question the perspective in painting, theater and cinema, and its cultural and political implications at the time of the media revolution and the emergence of the normativity of the image.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116755444","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
Aliens: Legal Conceptions of the Corporate Invasion 外国人:公司入侵的法律概念
Law & Literature Pub Date : 2021-03-01 DOI: 10.1080/1535685X.2020.1862521
P. Crofts
{"title":"Aliens: Legal Conceptions of the Corporate Invasion","authors":"P. Crofts","doi":"10.1080/1535685X.2020.1862521","DOIUrl":"https://doi.org/10.1080/1535685X.2020.1862521","url":null,"abstract":"Abstract There has long been recognition that the criminal legal system has great difficulties in ascribing responsibility to corporations for harms caused and crimes committed. This article turns to the film Aliens (1986) to enrich the corporate criminal law imaginary. This article argues that the film Aliens delivers a complex representation of the evil corporation Weyland Yutani and a depressing, realistic depiction of our (low or lack of) expectations of law and justice for corporations. The film portrays the dehumanizing effect of the corporate form, an entity with legal personality but with almost no interest in humanity except as a means of labor and profit. Aliens depicts the routinization of harms, whereby the harms of Weyland Yutani are rendered banal and normal and not even categorized as criminal but just part of doing business. Despite holding up untrammeled rapacious inhuman exploitativeness for critique, no solution is proffered or even suggested. Aliens bleakly portrays the consequences of the legal failure of imagination in conceptualizing and attributing corporate responsibility. If law continues to regard corporations as monstrous, incomprehensible and capable of great systemic harms, then law can and should import the insights of horror and use extreme measures to resolve the corporation. Alternatively, we can recognize corporations as a fiction of our own creation and move the story and genre of corporations away from horror, and rewrite the corporation.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127878299","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
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