关于法律与文学的几点思考

Sanford Levinson
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引用次数: 1

摘要

我自己关于“法律与文学”的研究更多地涉及文学理论的交叉点,而不是文学对提高律师对司法问题的敏感性的潜在贡献。尽管仍有一些人持反对意见,但我认为,大多数当代法律理论家将承认,尽管其中一些人不情愿,熟悉文学理论家的工作的重要性,即使有必要考虑到法律文件和文学文件之间的异同。这种(相对的)共识是值得欢呼的,《卡多佐法律与文学研究》的编辑(和撰稿人)当然有权为自己在过去十年中在法律界乃至更广泛的学术界的这一重要发展中所扮演的角色感到自豪。所有这一切都得到了承认,实际上得到了赞扬,现在似乎也是时候,正如在周年纪念日一样,反思两国关系的方向和过去。所有的关系都面临着停滞不前的问题,以及无休止地重复熟悉的,甚至是舒适的常规;我们没有理由相信,无论以何种方式参与文学研究的法律分析师都不会重蹈覆辙。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Some (Brief) Reflections About Law and Literature
My own work in regard to "law and literature" has involved far more the intersections of literary theory than, say, the potential contribution of literature to enhancing the sensitivity of lawyers to issues of justice. Although there continue to be some holdouts, I take it that most contemporary legal theorists will concede, albeit some of them reluctantly, the importance of some familiarity with the work of literary theorists, even if it is also necessary to take into account the differences, as well as the similarities, between legal and literary documents. This (relative) consensus is something to cheer, and the editors of (and contributors to) the Cardozo Studies in Law and Literature are certainly entitled to take justifiable pride in their own role over the past decade in this important development within the legal and, for that matter, the wider academy. All of this being conceded, indeed, applauded, it also seems time, as is appropriate on anniversaries, to reflect on where the relationship is headed, as well as where it has been. All relationships face the problem of stagnation and the endless repetition of familiar, perhaps even comfortable, routines; there is no reason to believe that legal analysts who have become involved, in whatever fashion, with literature are immune from such ruts.
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