- Preface
- Critical Introduction
- I. Literary Texts as Legal Texts
- 1. Reflections of Law in Literature
- Theoretical Considerations
- The American Legal Novel
- Camus and Stendhal
- Farcical Trials
- 2. Law’s Beginnings: Revenge as Legal Prototype and Literary Genre
- The Logic of Revenge
- Revenge Literature
- The Iliad and Hamlet
- 3. Antinomies of Legal Theory
- Jurisprudential Drama from Sophocles to Shelley
- Has Law Gender?
- 4. The Limits of Literary Jurisprudence
- Kafka
- Dickens
- Wallace Stevens
- 5. Literary Indictments of Legal Injustice
- Law and Ressentiment
- Romantic Values in Literature and Law
- Billy Budd, The Brothers Karamazov, and Law’s Limits
- 6. Two Legal Perspectives on Kafka
- On Reading Kafka Politically
- In Defense of Classical Liberalism
- The Grand Inquisitor and Other Social Theorists
- 7. Penal Theory in Paradise Lost
- The Punishment of Satan and His Followers
- The Punishment of Man
- The Punishment of the Animals
- 1. Reflections of Law in Literature
- II. Legal Texts as Literary Texts
- 7. Interpreting Contracts, Statutes, and Constitutions
- Interpretation Theorized
- What Can Law Learn from Literary Criticism?
- Chain Novels and Black Ink
- Interpretation as Translation
- 8. Judicial Opinions as Literature
- Meaning, Style, and Rhetoric
- Aesthetic Integrity and the “Pure” versus the “Impure” Style
- Two Cultures
- 7. Interpreting Contracts, Statutes, and Constitutions
- III. How Else Might Literature Help Law?
- 9. Literature as a Source of Background Knowledge for Law
- Arch of Triumph
- From Huxley to The Matrix
- 10. Improving Trial and Appellate Advocacy
- Sherlock Holmes to the Rescue?
- Legal Narratology
- Fictional Depictions of Lawyers
- The Funeral Orations in Julius Caesar
- 11. But Can Literature Humanize Law?
- Aesthetic versus Moralistic Literary Criticism
- Then Why Read Literature?
- 9. Literature as a Source of Background Knowledge for Law
- IV. The Regulation of Literature
- 12. Protecting Nonwriters
- Pornographic Fiction
- Defamation by Fiction
- 13. Protecting (Other) Writers
- What Is an “Author”?
- Copyright, Plagiarism, and Creativity
- Parody
- 12. Protecting Nonwriters
- Conclusion: Law and Literature: A Manifesto
- Index
Law and Literature
Third Edition
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$33.50 • £29.95 • €30.95
ISBN 9780674032460
Publication Date: 04/30/2009
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