Law & Literature

The book aims to introduce the Homeric oeuvre into the law and literature canon. It argues for a reading of Homer's The Iliad and The Odyssey as primordial narratives on the significance of the rule of law. The book delineates moments of correspondence between the transition from myth to tragedy and the gradual transition from a social existence lacking formal law to an institutionalized legal system as practiced in the polis. It suggests the Homeric epics are a significant milestone in the way justice and injustice were conceptualized, and testify to a growing awareness in Homer’s time that mechanisms that protect both individuals and the collective from acts of unbridled rage are necessary for the continued existence of communities. The book fills a considerable gap in research on ancient Greek drama as well as in discourses about the intersections of law and literature and by doing so, offers new insights into two of the foundational texts of Western culture.Jetzt als Broschur

This collection explores the heterogeneous places we have traditionally been taught to term ‘islands.’ It stages a conversation on the very idea of ‘island-ness’, thus contributing to a new field of research at the crossroads of law, geography, literature, urban planning, politics, arts, and cultural studies.

The contributions to this volume discuss the notion of island-ness as a device triggering the imagination, triggering narratives and representations in different creative fields; they explore the interactions between legal, socio-political, and fictional approaches to remoteness and the ‘state of insularity,’ policy responses to both remoteness and boundaries on different scales, and the insular legal framing of geographical remoteness.

The product of a cross-disciplinary exchange on islands, this edited volume will be of great interest to those working in the fields of Island Studies, as well as literary studies scholars, geographers, and legal scholars.

This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.

The Lawyer in Dickens takes a closer look at the construction of his types of lawyers. While Dickens’s critique of the legal system and its representatives is almost proverbial, a closer look at his lawyers uncovers a complex and ambiguous construction that questions their status as Victorian gentlemen. These characters offer a complex psychology that often surpasses their minor or stereotypical role within various Dickens novels, for they act not only as alter egos for different protagonists, but also exhibit behaviour that reveals their abusive attitude towards women.
This book argues that Uriah Heep lays the groundwork for Dickens’s conception of the lawyer in his later works. The close analysis identifies a strong anxiety about the uncertain social status of professionals in the law, but also unfolds a deeply troubled attitude towards women. The novels express admiration for the lawyer’s professional power, yet the individual characters are simultaneously exposed as ungentlemanly. This discussion shows that the lawyer in Dickens is a difficult creature not only because of his professional ambition and social transgression, but also because of his intrusion into the domestic space and into the lives of others, especially women.

This volume investigates interdisciplinary intersections between law and the humanities from the Renaissance to the present day. It allows for fruitful encounters between different disciplines: from literature to science, from the visual arts to the post-human, from the postmodern novel’s experimentation to most recent approaches towards the legal interpretation of literary texts. This productive dialogue fosters original perspectives in the interpretation of and reflection upon identity, justice, power and human rights and values, thus underlining the role of literature in the articulation of relevant cultural issues pertaining to specific periods.

Every culture knows the phenomenon of monsters, terrifying creatures that represent complete alterity and challenge every basic notion of self and identity within a cultural paradigm. In Latin and Greek culture, the monster was created as a marvel, appearing as something which, like transgression itself, did not belong to the assumed natural order of things. Therefore, it could only be created by a divinity responsible for its creation, composition, goals and stability, but it was triggered by some in- or non-human action performed by humans. The identification of something as monstrous denotes its place outside and beyond social norms and values. The monster-evoking transgression is most often indistinguishable from reactions to the experience of otherness, merging the limits of humanity with the limits of a given culture. The topic entails a large intersection among the cultural domains of law, literature, philosophy, anthropology, and technology. Monstrosity has indeed become a necessary condition of our existence in the 21st century: it serves as a representation of change itself. In the process of analysis there are three theoretical approaches: psychoanalytical, representational, ontological. The volume therefore aims at examining the concept of monstrosity from three main perspectives: technophobic, xenophobic, superdiversity. Today’s globalized world is shaped in the unprecedented phenomenon of international migration. The resistance to this phenomenon causes the demonization of the Other, seen as the antagonist and the monster. The monster becomes therefore the ethnic Other, the alien. To reach this new perspective on monstrosity we must start by examining the many facets of monstrosity, also diachronically: from the philological origin of the term to the Roman and classical viewpoint, from the Renaissance medical perspective to the religious background, from the new filmic exploitations in the 20th and 21st centuries to the very recent ethnological and anthropological points of view, to the latest technological perspective , dealing with artificial intelligence.

Shakespeare was fascinated by law, which permeated Elizabethan everyday life. The general impression one derives from the analysis of many plays by Shakespeare is that of a legal situation in transformation and of a dynamically changing relation between law and society, law and the jurisdiction of Renaissance times. Shakespeare provides the kind of literary supplement that can better illustrate the legal texts of the sixteenth and early seventeenth centuries. There was a strong popular participation in the system of justice, and late sixteenth-century playwrights often made use of forensic models of narrative. Uncertainty about legal issues represented a rich potential for causing strong reactions in the public, especially feelings concerning the resistance to tyranny. The volume aims at highlighting some of the many legal perspectives and debates emplotted in Shakespearean plays, also taking into consideration the many texts that have been produced during the latest years on law and literature in the Renaissance.

This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a ‘literary jurisprudence’ of diaspora space, deconstructing space in order to question what it means to be ‘settled’ in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.

The latest development concerning the metaphorical use of the fairy tale is the legal perspective. The law had and has recourse to fairy tales in order to speak of the nomos and its subversion, of the politically correct and of the various means that have been used to enforce the law. Fairy tales are a fundamental tool to examine legal procedures and structures in their many failings and errors. Therefore, we have privileged the term "fables" of the law just to stress the ethical perspective: they are moral parables that often speak of justice miscarried and justice sought.
Law and jurists are creators of "fables" on the view that law is born out of the facts (ex facto ius oritur) so that there is a need for narrative coherence both on the level of the case and the level of legislation (or turned the other way around: what does it mean if no such coherence is found?). This is especially of interest given the influx of all kinds of new technologies that are "fabulous" in themselves and hard to incorporate in traditional doctrinal schemes and thus in the construction of a new reality.

The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.

In the Renaissance period the body emerges as the repository of social and cultural forces and a privileged metaphor for political practices and legal codification. Due to its ambivalent expressive force, it represents the seat and the means for the performance of normative identity and at the same time of alterity. The essays of the collection address the manifold articulations of this topic, demonstrating how the inscription of the body within the discursive spheres of gender identity, sexuality, law, and politics align its materiality with discourses whose effects are themselves material. The aesthetic and performative dimension of law inform the debates on the juridical constitution of authority, as well as its reflection on the formation and the moulding of individual subjectivity. Moreover, the inherently theatrical elements of the law find an analogy in the popular theatre, where juridical practices are represented, challenged, occasionally subverted or created. The works analyzed in the volume, in their ample spectre of topics and contexts aim at demonstrating how in the Renaissance period the body was the privileged focus of the social, legal and cultural imagination.

Ancient declamation—the practice of delivering speeches on the basis of fictitious scenarios—defies easy categorization. It stands at the crossroads of several modern disciplines. It is only within the past few decades that the full complexity of declamation, and the promise inherent in its study, have come to be recognized. This volume, which contains thirteen essays from an international team of scholars, engages with the multidisciplinary nature of declamation, focusing in particular on the various interactions in declamation between rhetoric, literature, law, and ethics.

Contributions pursue a range of topics, but also complement each other. Separate essays by Brescia, Lentano, and Lupi explore social roles—their tensions and expectations—as defined through declamation. With similar emphasis on historical circumstances, Quiroga Puertas and Tomassi consider the adaptation of rhetorical material to frame contemporary realities. Schwartz draws attention to the sometimes hazy borderline between declamation and the courtroom. The relationship between laws and declamation, a topic of abiding importance, is examined in studies by Berti, Breij, and Johansson. Also with an eye to the complex interaction between laws and declamation, Pasetti offers a narratological analysis of cases of poisoning. Citti discovers the concept of natural law represented in declamatory material. While looking at a case of extreme cruelty, Huelsenbeck evaluates the nature of declamatory language, emphasizing its use as an integral instrument of performance events. Zinsmaier looks at discourse on the topic of torture in rhetorical and legal contexts.

The idea of human rights is not new. But the importance of taking rights seriously has never been more urgent. The eighteen essays which comprise Literature and Human Rights are written as a contribution to this vital debate. Each moreover is written in the spirit of interdisciplinarity, reaching across the myriad constitutive disciplines of law, literature and the humanities in order to present an array of alternative perspectives on the nature and meaning of human rights in the modern world. The taking of human rights seriously, it will be suggested, depends just as much on taking seriously the idea of the human as it does the idea of rights.

Criminals as Animals from Shakespeare to Lombroso demonstrates how animal metaphors have been used to denigrate persons identified as criminal in literature, law, and science. Its three-part history traces the popularization of the 'criminal beast' metaphor in late sixteenth-century England, the troubling of the trope during the long eighteenth century, and the late nineteenth-century discovery of criminal atavism. With chapters on rogue pamphlets, Shakespeare, Webster, Jonson, Defoe and Swift, Godwin, Dickens, and Lombroso, the book illustrates how ideologically inscribed metaphors foster transfers between law, penal practices, and literature. Criminals as Animals concludes that criminal-animal metaphors continue to negatively influence the treatment of prisoners, suspected terrorists, and the poor even today.

The concept of the just war poses one of the most important ethical questions to date. Can war ever be justified and, if so, how? When is a cause of war proportional to its costs and who must be held responsible? The monograph Just and Unjust Wars in Shakespeare demonstrates that the necessary moral evaluation of these questions is not restricted to the philosophical moral and political discourse. This analysis of Shakespeare's plays, which focuses on the histories, tragedies and Roman plays in chronological order, brings to light that the drama includes an elaborate and complex debate of the ethical issues of warfare. The plays that feature in this analysis range from Henry VI to Coriolanus and they are analysed according to the three Aquinian principles of legitimate authority, just cause and right intention. Also extending the principles of analysis to more modern notions of responsibility, proportionality and the jus in bello-presupposition, this monograph shows that just war theory constitutes a dominant theoretical approach to war in the Shakespearean canon.

The past few decades in legal and literary studies have challenged the boundaries raised by the different concepts of law and literature espoused by a great variety of theorists. Law's traditionally assumed disciplinary autonomy has been challenged by those who have pursued interdisciplinary methods of research. In particular, the concept of the sublime has moved out of the strictly philosophical and literary fields and crossed the borders between disciplines, finding an application also in the juridical field. On one hand, this volume proposes that the ethical aspect involved in the legal sublime is to contain the arrogance of the law. On the other hand, the volume draws attention to the "and" of interdisciplinary literary-legal studies and offers new daring comparisons between philosophical fields and between apparently distant historical periods.

This volume is a Nordic contribution to research on law and humanities. It treats the legal culture of the Nordic countries through intensive analyses of canonical Nordic artworks. Law and justice have always been important issues in Nordic literature, film and theater from the Icelandic sagas through Ludvig Holberg and Henrik Ibsen to Lars Noréns theatre and Lars von Trier's Dogme films of today. This book strives to answer two fundamental questions: Is there a special Nordic justice? And what does the legal and literary/aesthetic culture of the North mean for the concept of law and justice and for the understanding of the interdisciplinary exchange of law and humanities?

The concept of law and literature as a research area was originally developed in countries of common law. This book investigates law and humanities from a different legal tradition, and contributes thus both to the discussion of the general and the comparative studies of law and humanities.

The volume "Visualizing Law and Authority. Essays on Legal Aesthetics" brings together revised papers from the international conference "Law and the Image", held in Stockholm, 24–25 September, 2010. The participants/contributors belong to the disciplines of Art history, Cultural studies, Literary and Media studies, and Law. The contributions discuss the complex relations between law, media and visual phenomena. The common theme of the essays consists in an examination of the scopic field and of regimes of visibility in phenomenological terms, arguing that law constitutes a cognitive and aesthetic field of normative world-making. Rather than merely inverting Shelley’s dictum that the "poets are the unacknowledged legislators of the world", the essays argue in different ways for the necessity to develop a legal aesthetics.

The most immediate way of pursuing such a legal aesthetics consists in examining law itself as an aesthetic object, for instance the power of law to produce icons, in the sense of unreadable texts or textiles (Martin Kayman, Gary Watt). Several essays focus on the way that visual art and media can be used to constitute and represent political power, but also to question it and to put it into question (Chiara Battisti, Leif Dahlberg, Elina Druker, Sidia Fiorato, Paul Raffield). Other essays investigate legal structures inherent in the artwork (and the artworld) itself (Ari Hirvonen, Max Liljefors, Christine Poggi, Karen-Margrethe Simonsen). Finally, there are two essays focusing on the use of images and imagery in the legal process, explicity arguing for the need of a legal aesthetics (Daniela Carpi, Richard Sherwin). Although diverse, the individual essays are interconnected with each other in fruitful and critical ways, making both explicit and implict references to each other.

The contributions presented in this volume are the result of research activities and interdisciplinary encounters organised by the Nordic Network of Law and Literature. They focus on current discussions on justice in a Nordic and European context. By expanding the focus to justice and humanities – beyond "law and literature" – the authors intend to not only cover law and literature in a traditional (narrow) sense, but to embrace different perspectives closely linked to the research and debate about law and literature, e.g., in cultural studies. The volume specifically deals with four main themes, each of which is described and analysed from different angles, by a scholar with a background in the humanities and a scholar with a legal background (or lawyer), respectively: Law and Humanities – the Road Ahead; History, Memory and Human Rights; Forgiveness and Law; Justice, Culture and Copyright.

In recent years, the well-established field of human anthropology has been put under scrutiny by the new data offered by science and technology. Scientific intervention into human life through organ transplants, euthanasia, genetic engineering, experiments connected to the genetic code and the genome, and varied other biotechnologies have placed ethical beliefs into question and created ethical dilemmas. These scientific inventions influence our views on birth and death, on the construction of the body and its technical reproducibility, and have problematized the concept of the human persona. The purpose of bioethics, the science of life, is to find new values and norms which will be valid for a multicultural society. Bioethics is, today, a well-respected topic of research that has brought together philosophers and experts to discuss the limits of science and medicine.

The aim of this book is to merge the two fields of bioethics and law (or biolaw) through the literary text, by taking into consideration the transformations of the concept of persona at which we have nowadays arrived. The new meaning of the term ‘persona’ represents in fact the final point of a long-standing quest for man's sense of his own being and human dignity, and of his capacity to live in social interrelations. The volume presents a wide range of perspectives, comprising methodological approaches, legal and literary aspects.

The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.

The interdisciplinary study of law and literature can help us better understand intersectionality, and vice versa: intersectional feminist perspectives are extremely valuable in the study of law and literature. Of course, neither feminist nor intersectional approaches are new in and of themselves: for decades, literary scholarship has studied the impact of particular constellations of gender, race, and class when it comes to representations of women in literary texts and has succeeded in shaking monolithic and stereotypical notions of womanhood. However, research at the intersection of law, literature and feminism has so far been limited and insular. Bringing together more than twenty international researchers from related disciplines, this volume is the first to bring questions of intersectional feminism to the forefront of law and literature scholarship. From reproductive and (trans-)gender justice in law and literature to feminist practices that intervene in judicial discourse, this volume brings into focus a wide range of cultural and legal phenomena in which gender and the law intersect in literary texts. The volume’s commitment to intersectionality fittingly extents to its very make up: the contributors were selected to represent a diverse range of positions in terms of their gender, career stage and nationality.

Comics, manga and anime can offer an interesting perspective from which to explore representations of the law in popular culture. This book offers a better understanding of the juridical subtexts of such cultural artefacts by bringing together scholars in legal theory and comparative and international law.

While the contributions in the first part of the volume unpack the relationships between normative systems (law and morality above all) in graphic narratives by Marvel (Daredevil) and DC heroes (Batman), the second part of the volume looks at the role played by law and lawyers in different legal systems through case studies such as She Hulk. Finally, the last part focusses on the role of international law in the comic (multi)universe and in Japanese animation movies such as Porco rosso).

This collection extends research into comics beyond Anglo-American culture, which is still hegemonic in this literature, and makes it possible to read the legal phenomena dealt with in the pop culture products analysed through a lens other than that of Anglo-American law.

Despite their inherent seriousness, the law and those who practice it, be it lawyers, judges, politicians, or bureaucrats, are amongst the most popular objects of comedy and humour. Sometimes even the mention of the law, or the mere use of legal vocabulary, can trigger laughter. This is deeply counterintuitive, but true across cultures and historical eras: while the law is there to prevent and remedy injustice, it often ends up becoming the butt of comedy. But laughter and comedy, too, are also infused with seriousness: as universal social phenomena, they are extremely complex objects of study. This book maps out the many intersections of the law and laughter, from classical Greece to the present day. Taking on well-known classical and modern works of literature and visual culture, from Aristophanes to Laurel and Hardy and from Nietzsche to Totò and Fernandel, laughter and comedy bring law back to the complexity of human soul and the unpredictability of life.

Europe is a broad and multifaceted construct, variously understood as a geographical, political, legal, institutional, social, or cultural formation. It is characterized by numerous conflicts and processes of negotiation that have accompanied or sustained the development of normative orders and divergent conceptions of law, both in relation to individual states and to Europe as a whole. The same applies to the field of literature, language, and aesthetics; numerous myths and ideologies have shaped today’s understanding of Europe and still support it today. This volume examines how such processes were legally structured, and literarily addressed, criticized, and complemented. Its interdisciplinary perspective and open and dynamic, both dialogical and dialectical format intends to replicate the fragmented, sometimes conflicting, but always productive mosaic of voices, ideas, and concepts that have constituted and still constitute Europe, whether in the past, present, or future. Instead of resolving any of the complexities and contradictions that frame discussions on law, literature, and Europe, it aims to induce further engagement and confrontations with new and alternative visions of Europe.