Download PDF by Kieran Dolin: A Critical Introduction to Law and Literature

By Kieran Dolin

ISBN-10: 0521002028

ISBN-13: 9780521002028

Kieran Dolin introduces the interdisciplinary examine of legislations and literature and charts the background of the transferring relatives among the 2 disciplines, from the open association among literature and legislations within the sixteenth-century lodges of courtroom to the fewer obvious hyperlinks of up to date tradition. each one bankruptcy is organised round a recognized trial or literary-legal come across. The vast resonance of such trials illuminates the cultural centrality of legislation, and the social responsiveness of literature. This publication offers an available advisor to 1 of the main interesting parts of interdisciplinary scholarship at the present time.

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He has not been heard in this court. He cannot now ever be heard . . It does not matter how cruel he was, . . except in so far as it resulted in the final act of the appellant. ’62 As with the feminist analysis of self-defence, provocation was constructed around implicitly masculine cultural and social norms. It is defined here around a notional paradigm or ‘stock story’ of an assault that produces in its victim a sudden and temporary loss of control that is expressed in violence. There must be a temporal link between one assault and the response, and there must be some sense of proportion, a fist for a fist, despite the loss of control.

Among the leading feminist practitioners are Martha Minow, Susan Sage Heinzelman and Robin West. In ‘ ‘‘Going Somewhere’’: Maternal Infanticide and the Ethics of Judgment’, Heinzelman analyses two infanticide cases in contemporary Texas, and a modern Irish poem on the same subject. The case of Susan Bienek was a trial fought on competing stereotypes of the ‘good’ and the ‘bad mother’, in which the actual circumstances of her life and mental condition at the time of the event were unable to be voiced.

In Weisberg’s Poethics, great language enables a great understanding of the law. 29 The question we may ask, however, is whether literary art can be employed in the service of an unjust result. Perhaps the best example of this is the opinion of Oliver Wendell Holmes in Buck v. Bell. In this case Holmesian eloquence is invoked to allow the compulsory sterilisation of a young woman, Carrie Buck, who was (wrongly) believed to be cognitively impaired. 31 Posner, who is generally an opponent of Law and Literature, approves the ‘law as literature’ connection.

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A Critical Introduction to Law and Literature by Kieran Dolin


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