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Judging from Experience
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Human Law and Computer Law: Comparative Perspectives
The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.
Judging from Experience
A unique application of philosophical hermeneutics, literary theory and narratology to the practice of judging Combining her expertise in legal theory and her judicial practice in criminal law in a Court of Appeal, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprude...
Hope Springs Eternal
This book provides a survey of the Law and Literature movement responsible for kindling new interest in this field, and explains the various theoretical perspectives that contributed to its development. Searching discussion is also devoted to contemporary debates, both within Law and Literature itself and with other interdisciplinary fields such as Law and Economics. The author elucidates these issues by analyzing in detail the work of the American jurist and classicist James Boyd White, founder of Law and Literature. White was convinced that the common ground between law and literature should form the basis of legal thought in our present-day pluralistic societies. His view of law as the art of creating bonds between members of a society has far-reaching implications for both theory and practice.
The Oxford Handbook of Law and Humanities
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Narrative and Metaphor in the Law
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Living in a Law Transformed
Editors' introduction / Julen Etxabe and Gary Watt -- Law and literature redux?: some remarks on the importance of the legal imagination / Jeanne Gaakeer -- Towards a critique of narrative reason / Francðcois Ost -- Imagining rhetoric, approaching justice / Willem Witteveen -- It's not all about pretty: human rights adjudication in a life and death situation / Julen Etxabe -- Slow reading and living speech: James Boyd White on what a constitutional law opinion is for / H. Jefferson Powell -- The impossible prayers of James Boyd White / Jack L. Sammons -- Silence and justice / Richard Dawson -- Meaning In the natural world / Joseph Vining -- Reading materials: the stuff that legal dreams are made on / Gary Watt -- Reimagining "The true north strong and free": reflections on going to the movies with James Boyd White / Rebecca Johnson -- Generating law: learning how to take care of what one has started / Thomas D. Eisele -- A gift in yellow clothing: learning and teaching with The Legal Imagination / Mark Weisberg.
Modernism and the Meaning of Corporate Persons
Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of...
A Critical Introduction to Law and Literature
Despite their apparent separation, law and literature have been closely linked fields throughout history. Linguistic creativity is central to the law, with literary modes such as narrative and metaphor infiltrating legal texts. Equally, legal norms of good and bad conduct, of identity and human responsibility, are reflected or subverted in literature's engagement with questions of law and justice. Law seeks to regulate creative expression, while literary texts critique and sometimes openly resist the law. Kieran Dolin introduces this interdisciplinary field, focusing on the many ways that law and literature have addressed and engaged with each other. He charts the history of the shifting relations between the two disciplines, from the open affiliation between literature and law in the sixteenth-century Inns of Court to the less visible links of contemporary culture. Originally published in 2007, this book provides an accessible guide to one of the most exciting areas of interdisciplinary scholarship.
Law and the Humanities: Cultural Perspectives
The interdisciplinary series "Law & Literature" takes a systematic look at the correlation between literature and the law. The studies presented in this series analyze the complex interrelation between two cultural spheres which are not only at the basis of Western Culture and Society, but share in a common focus on texts. Bringing together contributions by jurists, historians of law, legal philosophers, and specialists in literary and cultural studies, this series reflects a trend in current inter- and transdisciplinary research which has recently shown rapid growth both in Europe and the United States.
