A Critical Introduction to Law and Literature

Kieran Dolin introduces the interdisciplinary study of law and literature and 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. Each chapter is organised around a famous trial or literary-legal encounter. The wide resonance of such trials illuminates the cultural centrality of law, and the social responsiveness of literature. This book provides an accessible guide to one of the most exciting areas of interdisciplinary scholarship today. Cover......Page 1 Half-title......Page 3 Title......Page 5 Copyright......Page 6 Contents......Page 7 Preface......Page 9 Introduction to law and literature: walking the boundary with Robert Frost and the Supreme Court......Page 11 PART I Eminent domains: the text of the law and the law of the text......Page 27 CHAPTER 1 Law’s language......Page 29 Rhetoric and law......Page 31 Law as literature......Page 35 Linguistic studies of law......Page 38 Narrative jurisprudence......Page 39 Concluding examples......Page 43 CHAPTER 2 Literature under the law......Page 51 Literature and the criminal law......Page 53 Defamation......Page 65 Copyright......Page 72 PART II Law and literature in history......Page 83 CHAPTER 3 Renaissance humanism and the new culture of contract......Page 85 The Inns of Court......Page 87 Equity in court and on stage......Page 92 Slade’s Case and the culture of contract......Page 94 CHAPTER 4 Crime and punishment in the eighteenth century......Page 106 Literature and crime in the 1720s......Page 108 Fielding and the 1740s......Page 113 Law and reason......Page 117 Samuel Johnson, LL.D.......Page 120 Romanticism and the new prison......Page 124 CHAPTER 5 The woman question in Victorian England......Page 130 Caroline Norton, victim and campaigner......Page 132 Literary women and law reform......Page 136 The Norton case in fiction......Page 140 Charles Dickens, reformist writer......Page 143 Conclusion: breaking the seal......Page 150 CHAPTER 6 The common law and the ache of modernism......Page 153 Modern law’s medievalist romance......Page 156 Oliver Wendell Holmes......Page 159 The literature of sympathy and the tort of negligence......Page 162 Modernist critiques of law......Page 170 CHAPTER 7 Rumpole in Africa: law and literature in post-colonial society......Page 176 Rumpole and Mortimer for the defence......Page 177 The golden thread of intertextuality......Page 181 Black faces, white wigs......Page 185 CHAPTER 8 Race and representation in contemporary America......Page 192 Brown v. Board of Education of Topeka......Page 193 Writing civil rights......Page 195 Revolution and liberation......Page 201 Equal rights for a multicultural society......Page 204 Bakke-lash......Page 208 Towards a beloved community......Page 211 Conclusion......Page 217 Introduction......Page 223 1 Law’s Language......Page 224 2 Literature under the law......Page 227 3 Renaissance humanism and contract......Page 230 4 Crime and punishment in the eighteenth century......Page 233 5 The Woman question in Victorian England......Page 236 6 The common law and the ache of modernism......Page 237 7 Law and Literature in Post-colonial Society......Page 240 8 Race and representation in contemporary America......Page 241 Conclusion......Page 243 Bibliography......Page 245 Index......Page 270 Cover 1 Half-title 3 Title 5 Copyright 6 Contents 7 Preface 9 Introduction to law and literature: walking the boundary with Robert Frost and the Supreme Court 11 PART I Eminent domains: the text of the law and the law of the text 27 CHAPTER 1 Law’s language 29 Rhetoric and law 31 Law as literature 35 Linguistic studies of law 38 Narrative jurisprudence 39 Concluding examples 43 CHAPTER 2 Literature under the law 51 Literature and the criminal law 53 Defamation 65 Copyright 72 PART II Law and literature in history 83 CHAPTER 3 Renaissance humanism and the new culture of contract 85 The Inns of Court 87 Equity in court and on stage 92 Slade’s Case and the culture of contract 94 CHAPTER 4 Crime and punishment in the eighteenth century 106 Literature and crime in the 1720s 108 Fielding and the 1740s 113 Law and reason 117 Samuel Johnson, LL.D. 120 Romanticism and the new prison 124 CHAPTER 5 The woman question in Victorian England 130 Caroline Norton, victim and campaigner 132 Literary women and law reform 136 The Norton case in fiction 140 Charles Dickens, reformist writer 143 Conclusion: breaking the seal 150 CHAPTER 6 The common law and the ache of modernism 153 Modern law’s medievalist romance 156 Oliver Wendell Holmes 159 The literature of sympathy and the tort of negligence 162 Modernist critiques of law 170 CHAPTER 7 Rumpole in Africa: law and literature in post-colonial society 176 Rumpole and Mortimer for the defence 177 The golden thread of intertextuality 181 Black faces, white wigs 185 CHAPTER 8 Race and representation in contemporary America 192 Brown v. Board of Education of Topeka 193 Writing civil rights 195 Revolution and liberation 201 Equal rights for a multicultural society 204 Bakke-lash 208 Towards a beloved community 211 Conclusion 217 Notes 223 Introduction 223 1 Law’s Language 224 2 Literature under the law 227 3 Renaissance humanism and contract 230 4 Crime and punishment in the eighteenth century 233 5 The Woman question in Victorian England 236 6 The common law and the ache of modernism 237 7 Law and Literature in Post-colonial Society 240 8 Race and representation in contemporary America 241 Conclusion 243 Bibliography 245 Index 270 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. Each chapter is organised around close analysis of a famous trial or literary-legal encounter. The wide resonance of such trials illuminates the cultural centrality of law, and the social responsiveness of literature. This book provides an accessible guide to one of the most exciting areas of interdisciplinary scholarship today "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. Each chapter is organized around close analysis of a famous trial or literary-legal encounter. The wide resonance of such trials illuminates the cultural centrality of law, and the social responsiveness of literature."--Jacket. 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

kieran Dolin Charts The History Of The Shifting Relations Between Law And Literature, From The Renaissance To Contemporary Culture.