By Kieran Dolin
Kieran Dolin introduces the interdisciplinary learn of legislation and literature and charts the historical past of the transferring kin among the 2 disciplines, from the open association among literature and legislation within the sixteenth-century hotels of courtroom to the fewer seen hyperlinks of up to date tradition. each one bankruptcy is organised round a well-known trial or literary-legal stumble upon. The extensive resonance of such trials illuminates the cultural centrality of legislations, and the social responsiveness of literature. This e-book presents an obtainable consultant to 1 of the main intriguing parts of interdisciplinary scholarship this present day.
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Extra resources for A Critical Introduction to Law and Literature
55 32 Eminent domains The genres of legal stories have been a particular interest to these scholars. Much of their work has been directed to demonstrating how certain kinds of stories are favoured by the courts, indeed are woven into the subtext of the law. Robert A. 57 One of the ‘stock stories’ that West notes occurs in the criminal law of self-defence: The criminal law of justified self-defence is also squarely based on a stock story . . of the nature of violence: a stranger is accosted in a public place, such as a bar or street, and if possible, retreats, but if retreat is impossible, he justifiably defends himself.
This publication was a rhetorical act, an attempt to persuade or influence the citizens of British Columbia of the importance of the decision. If Reasons for Judgment can be seen as an attempt to ensure that the authoritative word of the law found a place in the broader sphere of the public culture, then it alerts us to two aspects of the literary field: first, that like law, it makes use of a canon of great works and an evolving concept of tradition, in which texts from the past are consulted for illumination of the present; and secondly, that the authority of canonical works in the literary field is open to searching critique.
On whether the pacifist views of an immigrant were grounds for barring her entry in Schwimmer v. US, and excerpts from the trial of South African newspaper editor Patrick Duncan, under the apartheid laws. Another judicial contributor to this tradition of the law as literature, Lord ElwynJones, cites the forensic advocacy of Thomas Erskine in the treason trials of the 1790s and the judicial opinion of Lord Atkin denying unfettered executive power in the Second World War case of Liversidge v. 27 Such examples make it clear that a liberal political ideology is an implicit element of this approach to the literary value of legal writing: in them eloquence is tied to the defence of personal freedom under the rule of law.
A Critical Introduction to Law and Literature by Kieran Dolin