Law and Literature: Third Edition by Richard A. Posner

By Richard A. Posner

Hailed in its first variation as an “outstanding paintings, as stimulating because it is intellectually distinct” (New York Times), legislation and Literature has handily lived as much as the Washington Post’s prediction that the booklet may “remain crucial analyzing for a few years to come.” This 3rd variation, generally revised and enlarged, is the single accomplished book-length remedy of the sector. It maintains to stress the fundamental changes among legislations and literature, that are rooted within the diversified social capabilities of felony and literary texts. however it additionally explores components of mutual illumination and expands its diversity to incorporate new themes reminiscent of the tough and weird punishments clause of the structure, unlawful immigration, surveillance, worldwide warming and bioterrorism, and plagiarism. during this version, literary works from classics by way of Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to modern fiction by means of Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come below Richard Posner’s scrutiny, as does the movie The Matrix. The ebook is still the main transparent, acute account of the intersection of legislation and literature.

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1976), quoting Cleanth Brooks. 24.  H. LaRue, Constitutional Law as Fiction: Narrative in the Rhetoric of Authority 129 (1995). See also James Wood, How Fiction Works 237–239 (2008). 25. The first two are made in Anita Silvers, “The Story of Art Is the Test of Time,” 49 Journal of Aesthetics and Art Criticism 211, 213–214 (1991). 30 l l a w a n d l i t e r a t u r e there may be a trough, and if the test of time is applied to the writer then, he will flunk it. ) 3. The test of time is biased in favor of works composed in widely read languages and works that are readily translatable; it is therefore biased in favor of En­glish-­language drama and against non-­En­glish-­language poetry, and so will yield different lists of canonical literature when applied in different cultures, as well as at different times.

92). Dolin thinks the aim of the law and literature movement should be to show how literature, and nonliterary documents, such as judicial opinions, can be used to promote the left-­liberal agenda. He argues (without 16 l l a w a n d l i t e r a t u r e evidence) that the gradual decline of racial prejudice after the Supreme Court in 1954 held segregation of public schools unconstitutional was due in sig­nifi­cant part to literary works on race by James Baldwin, Gwendolyn Brooks, Lorraine Hansberry, Harper Lee, and others, and so “literature proved once more to be a sig­nifi­cant weapon for advancing pro­ gres­sive opinion” (p.

3. The test of time is biased in favor of works composed in widely read languages and works that are readily translatable; it is therefore biased in favor of En­glish-­language drama and against non-­En­glish-­language poetry, and so will yield different lists of canonical literature when applied in different cultures, as well as at different times. When I speak of the literary canon it is the canon recognized in En­gland and America, and secondarily in Continental Europe, rather than the canon as it is understood in Japan or Brazil or China.

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