简介
Hailed in its first edition as an "outstanding work, as stimulating as it is intellectually distinguished" ( New York Times ), Richard A. Posner's Law and Literature has handily lived up to the Washington Post's prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography. Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature. Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" ( Wall Street Journal ).
目录
Preface
Introduction
Literary Texts As Legal Texts
The Reflection of Law in Literature
Theoretical Considerations
The American Legal Novel from Twain to Grisham
Camus and Stendhal
Revenge as Legal Prototype and Literary Genre
Revenge as a Practice
Revenge Literature
The Iliad and Hamlet
The Antinomies of Legal Theory
Jurisprudential Drama from Sophocles to Shelley
Has Law Gender?
The Limits of Literary Jurisprudence
Kafka
Dickens
Wallace Stevens
The Literary Indictment of Legal Injustice
Law and Ressentiment
Romantic Values in Literature and Law
Billy Budd and The Brothers Karamazov
Literature and the Holocaust
Two Legal Perspectives on Kafka
On Reading Kafka Politically
In Defense of Classical Liberalism
The Grand Inquisitor and Other Social Theorists
Legal Texts as Literary Texts
Interpreting Contracts, Statutes, and Constitutions
Interpretation Theorized
What Can Law Learn in the Schools of Literary Criticism?
Chain Novels and Black Ink
Interpretation as Translation
Judicial Opinions as Literature
Meaning, Style, and Rhetoric
Aesthetic Integrity and the "Pure" versus the "Impure" Style
Two Cultures
The Literary Turn in Legal Scholarship
The Edifying School of Legal Scholarship
A Literary Education for Lawyers?
Pornographic Literature
Lies like Truth? Narrative Legal Scholarship
The Legal Narratology Movement
Judicial Biography
The Regulation of Literature by Law
Authorship, Creativity, and the Law
What Is an "Author"?
Defamation by Fiction
Copyright and Creativity
Parody
Index
Introduction
Literary Texts As Legal Texts
The Reflection of Law in Literature
Theoretical Considerations
The American Legal Novel from Twain to Grisham
Camus and Stendhal
Revenge as Legal Prototype and Literary Genre
Revenge as a Practice
Revenge Literature
The Iliad and Hamlet
The Antinomies of Legal Theory
Jurisprudential Drama from Sophocles to Shelley
Has Law Gender?
The Limits of Literary Jurisprudence
Kafka
Dickens
Wallace Stevens
The Literary Indictment of Legal Injustice
Law and Ressentiment
Romantic Values in Literature and Law
Billy Budd and The Brothers Karamazov
Literature and the Holocaust
Two Legal Perspectives on Kafka
On Reading Kafka Politically
In Defense of Classical Liberalism
The Grand Inquisitor and Other Social Theorists
Legal Texts as Literary Texts
Interpreting Contracts, Statutes, and Constitutions
Interpretation Theorized
What Can Law Learn in the Schools of Literary Criticism?
Chain Novels and Black Ink
Interpretation as Translation
Judicial Opinions as Literature
Meaning, Style, and Rhetoric
Aesthetic Integrity and the "Pure" versus the "Impure" Style
Two Cultures
The Literary Turn in Legal Scholarship
The Edifying School of Legal Scholarship
A Literary Education for Lawyers?
Pornographic Literature
Lies like Truth? Narrative Legal Scholarship
The Legal Narratology Movement
Judicial Biography
The Regulation of Literature by Law
Authorship, Creativity, and the Law
What Is an "Author"?
Defamation by Fiction
Copyright and Creativity
Parody
Index
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