By Kieran Dolin
Kieran Dolin introduces the interdisciplinary learn of legislation and literature and charts the background of the transferring kinfolk among the 2 disciplines, from the open association among literature and legislations within the sixteenth-century hotels of courtroom to the fewer obvious hyperlinks of up to date tradition. each one bankruptcy is organised round a well-known trial or literary-legal come across. The large resonance of such trials illuminates the cultural centrality of legislation, and the social responsiveness of literature. This e-book presents an available consultant to 1 of the main fascinating components of interdisciplinary scholarship this present day.
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Additional resources for A Critical Introduction to Law and Literature
58 West argues that the legal rules would be very different if they had been developed around a narrative of domestic violence, rather than that of a bar-room assault. In the final part of this chapter I will discuss two legal texts that depend on or take issue with this stock story. Narrative jurisprudence is a broad movement, and its goal of seeking justice through supplementary storytelling and making the law a more inclusive forum is not confined to taking up contemporary cases. The narrative study of cases past leads to an increased understanding of the culture inherited by the present.
The hallmark of his writing is an openness to the exploration of meaning, a commitment to dialogue and latterly a belief in the importance of inclusiveness in the law. For example, in Justice as Translation he analyses the treatment of claims of racial inequality in American judicial opinions. Despite his convincing demonstration of the common rhetorical ground between law and literature, White’s approach may present too idealised a vision of legal argument. Consider the following passage from Heracles’ Bow: ‘The law can be seen as a culture that we remake whenever we speak as lawyers .
Or, if she was battered that severely, she must have stayed out of some masochistic enjoyment of it’ (873). The court reposes a modernist faith in the rhetorical power of social science data to dispel the traditional beliefs of the culture. In terms of narrative jurisprudence, it seeks to replace an older story in which the woman is presumed to be morally or sexually suspect with a new story that details the emotional landscape of the relationship and thus coherently explains the causes of the woman’s own resort to violence.
A Critical Introduction to Law and Literature by Kieran Dolin