RESUMEN Se estudia el vínculo entre literatura y derecho en el pensamiento de Jacques Derrida. Se indican algunos recorridos de lectura y se dilucida lo que se entiende por literatura como institución, y su vínculo y alcances en relación con el plagio y con el derecho a decirlo todo en literatura. ABSTRACT The paper examines the connection between literature and law in the thought of Jacques Derrida. On the basis of certain readings, it explains literature as an institution, (...) as well as its relation and significance with respect to plagiarism and the right to say anything in literature. (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of (...) law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

This book is an original contribution to the field of law and literature. In addition to seeing law as a form of literature, it sees literature as a form of law, and examines the law-making qualities of fiction to explore the fiction-making qualities of law. Its examples range from Greek myth to contemporary writing, film and popular music, and suggest new ways of living with and entering the legal labyrinth. Aristodemou's style is both accessible and entertaining. The (...) book is aimed at undergraduates and postgraduates in law as well as other disciplines concerned with law and literature, jurisprudence, and other options addressing the intersections between law and culture. (shrink)

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

The central theme of Twining's book is that law is a marvellous subject of study, but to do justice to its potential requires an enlargement of vision, multiple perspectives, and a radical reappraisal of the role, culture, and practices of law schools. Treating theory, education, scholarship,publishing, and professional practice as complementary activities, the author explores the history, philosophy, and practical problems of attempts to broaden the study of law in a disciplined way. He draws upon his personal experience of law (...) schools throughout the common law world and his specialknowledge of jurisprudence, evidence,torts and legal method to examine a wide range of topics in depth. These include, for example, the nature and tasks of legal theory, different kinds of legal literature, and access to legal education and the profession. This provocative and readable book willappeal to all those with an interest in the roles of legal theory, law schools, and lawyers in a changing world. (shrink)

Beyond Contractual Morality looks at current debates over the meaning of liberalism by reexamining their roots in eighteenth-century texts, which demonstrate ...

THE opening paragraph of the Declaration of Independence invokes, as every American should know, "the Laws of Nature and of Nature’s God." The import of this invocation may be discerned by examining the appeals to natural law in the polemical literature of the American revolutionary period against the background of natural law/natural rights philosophy in the seventeenth and eighteenth centuries, on the one hand, and, on the other hand, within the particular historical context of events constituting the American Revolution. (...) The phrase "the Laws of Nature and of Nature’s God" in the Declaration is revealing. It simplifies what had, in earlier times, been referred to as "fundamental law," omitting and de-emphasizing, however, some rather essential elements. Historically, fundamental law had always been esteemed to be a law superior to statutory or positive law. Unless the latter conforms to the former, it is not valid, and invalid positive laws are null and void, so that there is no obligation to obey them. In the history of British jurisprudence, which includes colonial American jurisprudence, fundamental law embraced divine law, natural law, the British constitution beginning with Magna Carta, common law, and the colonial charters. Appeals to fundamental law were made when protesting statutory or positive laws and decrees. Thus the Declaration and Resolves of the First Continental Congress in October, 1774, invokes "the immutable laws of nature, the principles of the British constitution, and the several charters and compacts" as the moral, rational, and ultimate legal basis for protesting alleged British encroachments on American rights. Yet less than two years later, the Declaration of Independence, abandoning the British constitution and dissolving the political band—the charters and compacts—between Great Britain and America, rests simply on "the Laws of Nature and of Nature’s God.". (shrink)

The exhibition is proposing a different reading of the legal text, reading against the grain of pre-conceived structures in order to re-chart the system of our relations with ourselves and with various communities; both territorial communities as well as those constructed ad hoc, based not on blood or territorial ties, but on shared values and beliefs. The exhibition raises the question of how the law literally produces us: both as individuals and as citizens, establishing a framework of our presence in (...) public space as well - its legality or illegality. It also questions the different meanings of a 'civil body', a 'legal thing', or a 'legal slave'. How do legal rituals and narratives influence and shape our existence? Exhibition: Neue Gesellschaft für bildende Kunst, Berlin, Germany (09.03. - 07.05.2017). (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

However diverse and even conflicting definitions of world literature may be, there is a consensus in previous scholarship about circulation as a key defining feature. Being circulation modeled and (in)validated by a corpus of statutes, rules, and regulations, the absence of a law-oriented approach to world literature appears completely contradictory. This essay is a first step toward a more sustained treatment of world literature and law. Here I claim that in the late 1830s the history of world (...) literature as mastered by the West started to change as a consequence of the first two international copyright laws in the world––the Prussian Statute of 11 June 1837 and the British Act of 31 July 1838. The Prussian law is discussed in relation to the evolution of the Collection of British Authors of the German firm Tauchnitz between 1841 and 1847 by paying special attention to the case of American writers. The British law, in turn, is discussed in relation to French piracies of works printed in the UK by focusing on Frances Trollope’s Domestic Manners of the Americans (1832). Both laws sowed the seeds of the 1886 Berne Convention, whereby a vast transcontinental geography with a population of over five hundred million people was created for the legal circulation of literary works. (shrink)

In this book, James Boyd White shows how texts by some of our most important thinkers and writers—including Plato, Shakespeare, Dickinson, Mandela, and Lincoln—answer these questions, not in the abstract, but in the way they wrestle ...

Utilising literature as a serious source of challenges to questions in philosophy and law, this book provides a fresh perspective not only upon the inculcation of the legal subject, but also upon the relationship between modernism, postmodernism and how such concepts might evolve in the construction of community ethics. The creation and role of the legal subject is just one aspect of jurisprudential enquiry now attracting much attention. How do moral values act upon the subject? How do moral 'systems' (...) impinge upon the subject - jurist and judged - throughout the 20th century, when religious values are called into question, when 'existential' doubt prevails? To what extent do issues of gender and identity inform these questions? Many sources can provide insights into these issues: this book intends to concentrate upon fiction as just such a resource. However it is not just another law and literature compilation. Spanning the last century, each chapter will attempt to fulfil four objectives: to identify key texts in relation to a given period; to look for linked legal and philosophical developments from that period; to establish fresh links from these sources regarding concrete doctrinal, or practical legal questions, and finally draw a more general inference about the legal subject and the frequently less evident feminine citizen-subject. Central to this approach will be the consideration of contemporary case law and legal materials as social documents of the relationship between law and the wider community. (shrink)

The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law, and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should (...) be interpreted. The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself. (shrink)

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which (...) reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

Resumen: El presente artículo revisa los usos de la figura del testigo en dos novelas chilenas de reciente publicación: La dimensión desconocida de Nona Fernández y Monte Maravilla de Miguel Lafferte, ambos relatos cuyas tramas están basadas en casos, lugares y personajes históricos reales relacionados con violaciones a los derechos humanos en Chile durante la dictadura pinochetista. En ambos casos, la figura del testigo es compleja e intrincada, ya sea porque es un victimario arrepentido, una niña que se convertirá en (...) la narradora del futuro o un fantasma que resulta ser real. De paso, y a la luz del testigo como figura articuladora común tanto para el derecho como para la literatura, el artículo quiere reflexionar acerca de las posibilidades de los procesos judiciales, en tanto narrativas, como fuentes de memoria colectiva para dar cuenta del horror. El rol del testigo resulta clave en ambos campos discursivos: mientras en los procesos judiciales el testigo es el sujeto de la enunciación del testimonio y, con ello, elemento de prueba en la determinación de responsabilidades, en la literatura el testigo tiene implicancias tanto narratológicas como éticas importantes, las que le proporcionan una riqueza al testimonio que lo vuelven una forma eficaz de memoria que más que contar lo sucedido, se acerca a mostrarlo.: This article reviews how the witness figure has been used in two chilean novels that have been recently published: La dimensión desconocida, from Nona Fernández and Monte Maravilla, from Miguel Lafferte. Both script plots are based in real cases, places and historical characters, related to Pinochet´s dictatorship. They present a complex and intrincate witness figure, through the form a regretful torturer, a girl who will be the future´s narrator or a ghost that happens to be real. Meanwhile, in light of the witness understood as an common articulating figure for the law, as well as for literature, the article wants to reflect on judicial processes posibilities, while narrative, as colective memory sources that can be held accountable for the horror. The witness role turns out to be essential in both discourse fields: meanwhile in judicial procesess the witness is the subject of the testimony enunciation and, as such, an evidence element for criminal liabilities determination, in literature, the witness has important narrative as well as ethics implications, wich give such richness to the testimony, that it becomes an effective way of memory that not only narrates what happened, it closes to show it. (shrink)

This book uses literary examples makes the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; and they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal (...) pragmatism is not through bare theoretical exegesis but through literature; that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars; readers of literary criticism; and those with interests in pragmatist philosophy. (shrink)

Although the teaching of medical ethics and law in medical education is an old story that has been told many times in medical literature, recent studies show that medical students and physicians lack confidence when faced with ethical dilemmas and medico-legal issues. The adverse events rates and medical lawsuits are on the rise whereas many medical errors are mostly due to negligence or malpractices which are preventable. While it is true that many medical schools teach their students medical law (...) and ethics, there are wide variations in what is being taught because there is no universally agreed syllabus. Yet the knowledge of medical law and ethics is closely relevant to the medical profession and that failure in abiding the law may result in serious civil or even criminal consequences. While this paper does not propose to lay detailed analysis of the relevant areas of law or ethics, it proposes to cover some legal areas so as to highlight and bring to attention the need for a medical law and ethics course. This article also considers the problems faced and recommendation as to future directions to be taken with respect to teaching medical law and ethics. It concludes with a suggested course outline for the teaching of medical law and ethics. (shrink)

MUCH RECENT SCHOLARSHIP HAS CALLED FOR THE INTEGRATION OF NATural law theory with biblical revelation, yet few writers have pursued such a project in detail. This essay presents the foundations of a constructive account of natural law grounded in an overlooked biblical text and in Reformed covenant theology, in conversation with contemporary biblical exegesis and recent Protestant and Roman Catholic literature on natural law. It explores the character of the Noahic covenant established with all creation (Gen. 8:20—9:17) and argues (...) that this covenant provides necessary theological foundation for understanding nature and common human moral obligations. This account of natural law provides a sound way to integrate natural law theory with the biblical narrative and to conceive of natural law as a universal God-given standard mediated through a fallen world. (shrink)

In this paper, it is argued that, contrary to some suggestions in the philosophical literature, dispositions cannot replace laws in the description of the physical world. If for a certain type of physical situation a well-working law-based account is available, then it is not possible to describe that situation equally well in terms of dispositions. Using an example consisting of four laws (Coulomb’s law, Newton’s law of gravitation, the rule for the composition of forces and Newton’s second law), it (...) is shown that when one attempts to replace a law-based account with a disposition-based account, the latter turns out to be either less informative or inferior with respect to theoretical virtues, such as simplicity, unification, non-triviality of predictions and explanatory power. Laws are also better suited to deal with interactions and their screening off. Using inference to the best explanation, one can conclude from this comparison that it is laws rather than dispositions that should be included in our ontological picture of nature. (shrink)

At a key moment in the 1988 presidential debates, Michael Dukakis claimed that the issue in the campaign was not ideology but competency. A major reason for Bush’s victory was that Dukakis was most competent at creating the illusion that even George Bush was competent. Even so, a useful way to begin some reflections on the law and literature revival is to note that even a hardened political pragmatist like Bush felt that it was in his political interest to (...) declare that the issue was indeed ideology. Bush’s insistence on the importance of ideology is noteworthy for those interested in the humanities because it seems to much at odds with the conservative position in current cultural politics. Ideology might be the issue in political campaigns, but for the conservatives it has no role in the humanities, which properly understood are the repository of essential human values. As contradictory as this position might seem, it is actually quite consistent. The ideological function of government is to impart to its citizens the proper values, values that find expression in great humanistic documents. To turn the role of the humanities from that of guarding and defending these sacred documents to that of demystifying them as ideological products is to undermine the possibility of government performing its proper ideological function. Radicals in the current wars over culture thus stand accused of subverting the fundamental values that the country represents. Brook Thomas is professor of English at the University of California, Irvine. He is the author of Cross-Examinations of Law and Literature; Cooper, Hawthorne, Stowe, and Melville and The New Historicism and Other Old-Fashioned Topics. (shrink)

Despite our moral misgivings, retributive canons of justice-the return of evil to evildoers-remain entrenched in law, literature, and popular moral precept. In this wide-ranging examination of retribution, Marvin Henberg argues that the persistence and pervasiveness of this concept is best understood from a perspective of evolutionary naturalism. After tracing its origins in human biology and psychology, he shows how retribution has been treated historically in such diverse cultural expressions as law codes, scriptures, drama, poetry, philosophy, and novels. Henberg considers (...) retributive thought in light of contemporary moral theory and current social and political concerns and advances his own theory of the morality of legal punishment."Retribution is no single doctrine or unified set of doctrines, but rather a sprawling variety of doctrines, many of them at odds with one another," observes Henberg. He suggests that understanding retributive thought as the quest for solace in the face of suffering helps to explain its variable nature. Since there is no single defensible moral criterion for identifying exact retaliation, culture is more important than nature in selecting among retributive practices. Typically, some forms of retribution are culturally approved, while others are disapproved. In place of the mistaken tendency to think of legal punishment as morally justified, Henberg maintains that legal punishment should be thought of as morally permitted. Author note: Marvin Henberg is Professor and Chair of the Department of Philosophy and Director of the University Honors Program at the University of Idaho. (shrink)

BackgroundThe COVID-19 pandemic has presented extraordinary challenges to worldwide healthcare systems, however, prevalence remains low in some countries. While the challenges of conducting research in high-prevalence countries are well published, there is a paucity from low COVID-19 countries.MethodsA PRISMA guided systematic review was conducted using the databases Ovid-Medline, Embase, Scopus and Web of Science to identify relevant articles discussing ethical issues relating to research in low prevalence COVID-19 countries.ResultsThe search yielded 133 original articles of which only 2 fit the inclusion (...) criteria and aim, with neither specific to low prevalence. Most of the available literature focused on clinical management and resource allocation related to high prevalence countries. These results will be discussed under the ethical dimensions of equity, individual liberty, privacy and confidentiality, proportionality, public protection, provision of care, reciprocity, stewardship and trust..ConclusionsA systematic review failed to identify articles relating to COVID-19 research ethics, specific to low prevalence countries. It shows that there is a significant gap in the literature that warrants further investigation. Common ethical principles were used to present a distinct set of challenges experienced by a country with a low prevalence of COVID-19. This unique perspective of some of the common ethical problems surrounding research, may help guide further discussion and guide research in similar countries. (shrink)

One might view the literature on laws of nature as dividing into two camps: the “metaphysical” advocates of laws as objective realities beyond any actual regularities, and the “antimetaphysical” skeptics. Hard-liners in both camps will find much to disagree with in Marc Lange’s Natural Laws in Scientific Practice. I mean that as a compliment to Lange’s work.

As the author himself notes in the prologue, the book – An Advanced Introduction to Law and Literature – seeks to “advance” the discussion. Written by Peter Goodrich, one of the leading and most prolific scholars on the topic, the work may not be suitable for first-comers to the Law and Literature movement looking for a systematic overview of the field. The latter may be found in the numerous already-existing handbooks, research guides or critical introductions. While the prologue (...) mentions la... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a performative.... (...) There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

There are two parts to the paper. The first is concerned with the question: “are there law statements in any of the social sciences?” In order to answer this question two explanations drawn from the literature of anthropology and sociology are considered in detail. It is shown that these are “explanation sketches” rather than logically complete explanations. Both of these “sketches” presuppose but do not state tendency laws. These law statements are then made explicit by the writer, and thus (...) it is shown that the use of law statements is assumed in at least some of the social sciences. (shrink)

This volume brings together a number of important studies by leading scholars on ritual and law, philosophy and religion, literature and entertainments in Qin and Han China. A few contributions deal with the Han legacy to later Chinese culture.

Chapter 14. Andrea Timár engages with literary representations of the experience of perpetrators of dehumanization. Her chapter focuses on perpetrators of dehumanization who do not violate laws of their society (i.e., they are not criminals) but exemplify what Simona Forti, inspired by Hannah Arendt, calls “the normality of evil.” Through the parallel examples of Dezső Kosztolányi’s Anna Édes (1926) and Doris Lessing’s The Grass is Singing (1950), Timár first explores a possible clash between criminals and perpetrators of dehumanization, showing (...) class='Hi'>literature’s exceptional ability to reveal the gap between ethics and law. Second, she examines novels focalized through perpetrators and the difficult narrative empathy they provoke, arguing that only the critical reading of these novels can make one engage with the potential perpetrator in oneself. As case studies, Timár examines Daniel Defoe’s Robinson Crusoe (1719), which may potentially turn its reader into an accomplice in the process of dehumanization, and J.M. Coetzee’s Foe (1986), which puts on critical display the dehumanizing potentials of both aesthetic representation and sympathy as imaginative violence. Third, she reads Jonathan Littell’s The Kindly Ones [Les Bienveillantes, 2006], which can make the reader question, through the polyphony of the voice of its protagonist, the notions of narrative voice and readerly empathy, only to reveal that the difficulty involved in empathizing with perpetrator characters lies not so much in the characters’ being perpetrators, but rather in their being literary characters. Eventually, Timár briefly touches upon the problem of the aesthetic and the comic via Nabokov’s Lolita (1955) to ask whether one can avoid some necessarily dehumanizing aspects of humor. (shrink)

ABSTRACTBuilding on Google's efforts to scan millions of books, this article introduces methodology using a database of annual word frequencies of the 40,000 most frequently occurring words in the American literature between 1800 and 2009. The current paper uses this methodology to replicate and identify terror management processes in historical context. Variation in frequencies of word usage of constructs relevant to terror management theory are investigated over a time period of 209 years. Study 1 corroborated previous TMT findings and (...) demonstrated that word use of constructs related to death and of constructs related to patriotism and romantic relationships significantly co-vary over time. Study 2 showed that the use of the word “death” most strongly co-varies over time with the use of medical constructs, but also co-varies with the use of constructs related to violence, relationships, religion, positive sentiment, and negative sentiment. Study 3 foun... (shrink)

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by the plays (...) of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)