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The End of Originalism? Comparing-Cultures and Text Exegesis 原旨主义的终结?比较文化和文本注释
Law & Literature Pub Date : 2021-02-26 DOI: 10.1080/1535685X.2021.1885163
Hans Lind
{"title":"The End of Originalism? Comparing-Cultures and Text Exegesis","authors":"Hans Lind","doi":"10.1080/1535685X.2021.1885163","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885163","url":null,"abstract":"Abstract When it comes to interpreting the Constitution of the United States, constitutional scholars have long ignored the fact that the United States were a multilingual society at their inception. This essay will examine the multi-lingual situation of the eighteenth century United States (with a special focus on the German and Dutch minorities) and its relevance for the interpretation of the Constitution today, addressing theories as original intent originalism, original common meaning originalism and “living constitution.” Using a translation-based approach, it will suggest that a current paradigm in constitutional interpretation, New Originalism, is based on the dangerous illusion that the text of the Constitution had a single, discernible meaning for the Founding-Era’s general public, a public that was in fact heterogenous not only in terms of culture and race, but also of language, rendering any historical plain meaning approach a precarious proceeding.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124823833","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
“Inhuman!” Transgressions: A Picture of Torture in Iffland’s the Foresters “不人道的!”越界:艾夫兰的《森林人》中的酷刑画面
Law & Literature Pub Date : 2021-02-26 DOI: 10.1080/1535685X.2021.1885160
Sophia Y. Clark
{"title":"“Inhuman!” Transgressions: A Picture of Torture in Iffland’s the Foresters","authors":"Sophia Y. Clark","doi":"10.1080/1535685X.2021.1885160","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885160","url":null,"abstract":"Abstract As a playwright, August Wilhelm Iffland is best known for his sentimental domestic plays and dramas which enjoyed wild popularity amongst theater audiences from the late eighteenth century until about the early to mid-nineteenth century. One of Iffland’s earliest successes, The Foresters (1785), draws on a criminal case involving interrogational torture for a late-stage conflict in act five. Iffland’s source material for The Foresters was the author’s first dive into the popular practice of adapting the contents of criminal court cases into literary or theatrical narratives and announcing them as such. This essay analyzes the play’s engagement with contemporary discourses on legal reform in the 1780s, and the extent to which Iffland’s early work actually explores these problems. By staging serious legal themes such as torture in a domestic, middle-class setting for an enlightened audience, The Foresters allows us a glimpse at how popular plays might try to make sense of the complex relationship between the progressive legal reform efforts in the German territories and the legacy of seemingly outdated legal institutions.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115455763","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
From Customary Law to Codification: Secret Tribunal Scenes in Goethe’s Götz von Berlichingen and Kleist’s Käthchen of Heilbronn 从习惯法到法典化:歌德Götz《冯·伯利辛根》和克莱斯特Käthchen《海尔布隆》中的秘密法庭场景
Law & Literature Pub Date : 2021-02-26 DOI: 10.1080/1535685X.2021.1885159
D. Vecchiato
{"title":"From Customary Law to Codification: Secret Tribunal Scenes in Goethe’s Götz von Berlichingen and Kleist’s Käthchen of Heilbronn","authors":"D. Vecchiato","doi":"10.1080/1535685X.2021.1885159","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885159","url":null,"abstract":"Abstract The motif of the Vehmic Court—a medieval “secret tribunal”—enjoyed remarkable popularity in German literature of the late eighteenth and early nineteenth centuries. This paper analyzes the structure and function of Secret Tribunal scenes in two canonical plays of the time: Johann Wolfgang Goethe’s Götz von Berlichingen (1773), which served as a template for the development of the motif, and one of its most prominent literary echoes, Heinrich von Kleist’s Käthchen of Heilbronn (1810). By defining how both texts handle, elaborate and transform the historical subject, the paper examines to what degree Goethe and Kleist functionalized Vehmic trial scenes in order to comment on contemporary legal debates. In both dramas, such scenes are embedded in a multi-layered discourse on legal practices, which places a particular focus on the divide between customary and positive law, though from different angles: whereas the young Goethe offers a negative picture of instituted justice based on Roman law, and praises Germanic customary law as a form of justice that balances the power of absolutist rulers over the people, Kleist offers a parody of Vehmic Court proceedings and advocates instead for modern forms of codified justice that are meant to gradually displace outdated judicial systems.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121633917","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
Metaphorical Contracts and Games: Goethe’s Götz von Berlichingen and Schiller’s Fiesco 隐喻契约与游戏:歌德的Götz冯·伯利辛根与席勒的《Fiesco》
Law & Literature Pub Date : 2021-02-26 DOI: 10.1080/1535685X.2021.1885158
C. Nitschke
{"title":"Metaphorical Contracts and Games: Goethe’s Götz von Berlichingen and Schiller’s Fiesco","authors":"C. Nitschke","doi":"10.1080/1535685X.2021.1885158","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885158","url":null,"abstract":"Abstract The question of how to devise and justify political order for a secular age is still at the heart of political discourse today. Social contracts provided an early political and philosophical answer to these issues, but they also manifested themselves in eighteenth-century German literature: This article will examine how Johann Wolfgang von Goethe and Friedrich Schiller engaged with the specific propositions of contractarianism (in particular Thomas Hobbes’s Leviathan) in selected scenes in Götz von Berlichingen (1773) and Fiesco’s Conspiracy at Genoa (1783), respectively. In their interpretation of contractarian scenarios, Goethe and Schiller isolate the notion of utility which, they argue, reduces complex social cooperation and interaction to game-like scenarios, exclusively driven by calculation and rational decision making. Goethe’s and Schiller’s morally inflected deconstruction of Hobbes’s thought experiment affords an insight into alternative models of social togetherness which place an emphasis on Bildung, evolution, mutuality, and recognition.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123340178","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 Animal Question via Art and Law 从艺术和法律看动物问题
Law & Literature Pub Date : 2021-02-25 DOI: 10.1080/1535685X.2021.1885156
Joan Kee
{"title":"The Animal Question via Art and Law","authors":"Joan Kee","doi":"10.1080/1535685X.2021.1885156","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1885156","url":null,"abstract":"Abstract Since at least the late 1960s, artistic creation has increasingly called upon its audiences to consider the acceptability of certain actions in ways that law cannot. Based on four examples carrying especial weight in international artistic circles due to their reliance on animal actors—Kim Jones’s Rat Piece (1976), Yukinori Yanagi’s World Flag Ant Farm (1993), Xu Bing’s A Case Study of Transference (1993-1994) and Huang Yong Ping’s Theater of the World (1993)—this article reflects upon the notion of sovereignty as an unstable contest between competing views of acceptability, permissibility and enforceability. Inflected by counter- or non-anthropocentric views, I consider how artworks serve as augmented para-legal cases accountable to both legal and art historical interpretation. Predicated on the belief that we consider artworks as sources of critical action rather than as products of human expression or examples of property, I explore how live animal participants initiate active reflection upon the misalignment between existing laws and proposed standards of human behavior towards animals. What common justices are imaginable for humans and animals? A corollary aim is to explore how such questions are inflected less by universal-versus-local dichotomies and more by the contingency of bodies moving across legal jurisdictions that both reinforce and undermine the structuring forces of globalization.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"34 880 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133004584","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: 2
Law, Literature and History 法律、文学和历史
Law & Literature Pub Date : 2021-02-09 DOI: 10.1080/1535685X.2021.1872953
I. Ward
{"title":"Law, Literature and History","authors":"I. Ward","doi":"10.1080/1535685X.2021.1872953","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1872953","url":null,"abstract":"Abstract Law and literature is a vital engagement, in the strictest sense of the word. Constantly evolving as it reaches further across disciplinary margins. The purpose of this article is to take a closer look at one such reach; into history. From both sides, it might be supposed. Revisiting two historical texts, and two modern texts set in the past. The first part of the article explores the idea of writing history, more particularly still the possibility that it might be an intrinsically literary enterprise. The second and third parts then revisit these historical texts. In part two, we will re-read Coleridge’s Rime of the Ancient Mariner and Milton’s Samson Agonistes. And then, in part three, two plays written by Caryl Churchill, both set in the seventeenth-century. For the same essential reason; to contemplate the possibility that reading texts such as these might make us better historians, whilst also perhaps making us better literary critics, and better lawyers, too.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124179878","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
Narrative Analysis as a Bridge between Humanistic and Legal Clinics Methodology. American and Italian Connections 叙事分析作为人文主义与法律诊所方法论之间的桥梁。美国和意大利的联系
Law & Literature Pub Date : 2021-02-03 DOI: 10.1080/1535685X.2021.1847789
Flora Di Donato
{"title":"Narrative Analysis as a Bridge between Humanistic and Legal Clinics Methodology. American and Italian Connections","authors":"Flora Di Donato","doi":"10.1080/1535685X.2021.1847789","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1847789","url":null,"abstract":"Abstract Presenting itself as exemplifying a certain postmodernist trend, the law and narrative approach has used methodological rigor to achieve success, riding the wave of the cultural and narrative turn of the seventies and eighties in such a way as to define the study of legal narrativity as a “useful enterprise,” imagining that narration constitutes a legal category in its own right. If in Jerome Frank’s day narration was generally associated with the linguistic distortions and manipulations practiced by attorneys and witnesses, it later came to be analyzed in terms of the consistency and plausibility of the stories told for the purpose of persuading a jury and, more recently, as a tool for coherently modelling fact and also as a tool for practicing clinical lawyering and case theory. The result is that we can now attribute additional values to narrations: a) as a method to analyse legal cases and re-construct facts in context; b) as a method to educate lawyers and other legal actors towards a more conscious use of storytelling in their daily activities; c) and as a device to include voices that are silenced or marginalised within legal discourse. Intended as a contribution to this debate, the paper offers a “narrative legal analysis” – situated in a civil law system – proposing the design of a research action that gives due consideration to voices that are otherwise not heard.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130923658","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
BOOK REVIEW: Nomi Claire Lazar, out of Joint: Power, Crisis and the Rhetoric of Time (Yale University Press 2019), pp. 264 书评:诺米·克莱尔·拉扎尔，《联合:权力、危机和时间的修辞》(耶鲁大学出版社2019年)，第264页
Law & Literature Pub Date : 2021-01-25 DOI: 10.1080/1535685X.2021.1872945
T. Chowdhury
{"title":"BOOK REVIEW: Nomi Claire Lazar, out of Joint: Power, Crisis and the Rhetoric of Time (Yale University Press 2019), pp. 264","authors":"T. Chowdhury","doi":"10.1080/1535685X.2021.1872945","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1872945","url":null,"abstract":"Whether it’s the mythologised pasts summoned by religious revivalist movements, or the ‘certainising’ logics imbued in discourses around risk and securitization, time does much work to legitimate p...","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115743718","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
Through the Looking Glass of the Law 《透过法律的镜子
Law & Literature Pub Date : 2021-01-07 DOI: 10.1080/1535685X.2021.1847787
Daniele M. Cananzi
{"title":"Through the Looking Glass of the Law","authors":"Daniele M. Cananzi","doi":"10.1080/1535685X.2021.1847787","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1847787","url":null,"abstract":"Abstract After the passion for the system that has characterized the modern age through the canon of “clear and distinct” and after the first wave of post-modern has tried to impose “chaos” as a “rule,” the jurist now confronts with the challenges of an a-systemic and strongly jurisprudential law. We intend to assume the paradigm of the game to attempt a reconstruction of the specificity of today's law (Kerkove-Ost); we intend to highlight the aspect of “staging” and the hermeneutic reconstruction of life through law (Garapon). Law can be understood as a great mirror through which life is observed, analyzed, evaluated, and judged. The Law and Literature approach appears to be particularly useful in this sense. From the texts of Carrol to the works of Kafka, only to give two examples, literature has proposed important moments of reflection that can help us understand the new structure of contemporary law.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124783471","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
BOOK REVIEW: Ted Laros, Literature and the Law in South Africa: 1910-2010 (London: Fairleigh Dickinson University Press, 2018) 书评:泰德·拉罗斯，《南非文学与法律:1910-2010》(伦敦:费尔利·迪金森大学出版社，2018)
Law & Literature Pub Date : 2021-01-06 DOI: 10.1080/1535685X.2021.1872950
Christopher Warnes
{"title":"BOOK REVIEW: Ted Laros, Literature and the Law in South Africa: 1910-2010 (London: Fairleigh Dickinson University Press, 2018)","authors":"Christopher Warnes","doi":"10.1080/1535685X.2021.1872950","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1872950","url":null,"abstract":"South Africa offers fertile territory for the study of the relations between law and literature. The colonial heritage – race superiority, paternalism, economic exploitation, divide-and conquer str...","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130144657","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
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