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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.
Law and literature. --- Literature and law --- Literature --- Law. --- fables. --- fairy tales. --- literature.
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Law and literature --- United States --- History --- 19th century --- American literature --- History and criticism --- Whitman, Walt --- Criticism and interpretation --- Lippard, George --- Poe, Edgar Allan --- Meadows, Christian --- Justice in literature. --- Literature and law --- Literature --- History and criticism.
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María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.
Law and literature. --- Law in literature. --- Intellectual property in literature. --- Censorship. --- Book censorship --- Books --- Censorship --- Literature --- Literature and morals --- Anticensorship activists --- Challenged books --- Expurgated books --- Intellectual freedom --- Prohibited books --- Literature and law --- Law and legislation
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Focusing on the rhetoric of the last will and testament, Cathrine O. Frank examines novels alongside actual wills, legal manuals, case law, and contemporary accounts of wills in periodicals. Her analysis of works by such authors as Emily Brontë, Charles Dickens, Wilkie Collins, and John Galsworthy shows how these related discourses competed to structure a social order based on the self-determining individual's relationship to a community and its commodified culture.
English fiction --- Law and literature --- Wills --- Wills in literature. --- Inheritance and succession in literature. --- Inheritance and succession --- Bequests --- Descent and distribution --- Descents --- Hereditary succession --- Intestacy --- Intestate succession --- Law of succession --- Succession, Intestate --- Real property --- Universal succession --- Trusts and trustees --- Codicils --- Legal instruments --- Registers of births, etc. --- Legacies --- Probate records --- Remainders (Estates) --- Literature and law --- Literature --- History and criticism. --- History. --- Law and legislation
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Written by a renowned literary critic and legal historian, Practice Extended illuminates the intricacies of legal language and thought and the law's relationship to society, literature, and culture. Robert A. Ferguson details how judicial opinions are written, how legal thought and philosophy inform ideas, and how best to appreciate a courtroom novel. With chapters touching on a wide range of subjects, including immigration, eloquence, the U.S. Constitution, and the Supreme Court case over James Joyce's Ulysses, Practice Extended provides an ambitious argument for the importance of language in law and a much-needed analysis of the often vexed relationship between law and literature.Ferguson challenges the notion of law as a hermetic enterprise only accessible to experts. He reveals the discipline's relationships to history, religion, philosophy, psychology, anthropology, and the visual arts, offering a rich account of how the law has shaped and has been shaped by communal thought. He also recognizes the critical role of literature and other outside views in showcasing the social problems that law takes up. Practice Extended reflects Ferguson's crucial role as a pioneer in developing the field of law and literature. His writing reminds us of the need for a critical approach to the law that draws on the insights of literature to better understand political and legal history and the documents, laws, and arguments that shape our present. At the same time, this volume also showcases the ways in which the law has been integrated into works of literature, from Billy Budd to contemporary courtroom thrillers.
Law and literature. --- Law in literature. --- Judicial opinions. --- Lawyers as authors. --- Culture and law. --- Law and ethics. --- Legal stories --- Ethics and law --- Law and morals --- Morals and law --- Law --- Law and culture --- Authors --- Opinions, Judicial --- Legal opinions --- Literature and law --- Literature --- History and criticism. --- Philosophy --- Judicial opinion.
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"From the 19th century onwards, famous literary trials have caught the attention of readers, academics and the public at large. Indeed it is striking that more often than not, it was the texts of renowned writers that were dealt with by the courts, as for example Gustave Flaubert's Madame Bovary and Charles Baudelaire's Les Fleurs du Mal in France, James Joyce's Ulysses and Henry Miller's Tropic of Cancer in the US, D.H. Lawrence's Lady Chatterley's Lover in Great-Britain, up to the more recent trials on Klaus Mann's Mephisto and Maxim Biller's novel Esra in Germany.By bringing together international leading experts, Literary Trials represents the first step towards a systematic discussion of literary trials on a global scale. Beginning by first reassessing some of the most famous of these trials, it then analyses less well-known but significant literary trials. Special attention is paid to recent developments in the relationship between literature and judicature, pointing towards an increasing role for libel and defamation in the societal demarcation of what literature is, and is not, allowed to do."--
Freedom of expression --- Press law --- Law and literature --- Obscenity (Law) --- Libel and slander --- Calumny --- Defamation --- Slander --- Torts --- Erotic art --- Law --- Pornography --- Literature and law --- Literature --- Censorship of the press --- Newspaper publishing --- Press --- Publishers and publishing --- Expression, Freedom of --- Free expression --- Liberty of expression --- Civil rights --- Law and legislation --- Censorship
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"With the passage into law of the Canadian Charter of Rights and Freedoms in 1982, rights took on new legal, political, and social significance in Canada. In the decades following, Canadian jurisprudence has emphasised the importance of rights, determining their shape and asserting their centrality to legal ideas about what Canada represents. At the same time, an increasing number of Canadian novels have also engaged with the language of human rights and civil liberties, reflecting, like their counterparts in law, the possibilities of rights and the failure of their protection. In A Culture of Rights, Benjamin Authers reads novels by authors including Joy Kogawa, Margaret Atwood, Timothy Findley, and Jeanette Armstrong alongside legal texts and key constitutional rights cases, arguing for the need for a more complex, interdisciplinary understanding of the sources of rights in Canada and elsewhere. He suggests that, at present, even when rights are violated, popular insistence on Canada's rights-driven society remains. Despite the limited scope of our rights, and the deferral of more substantive rights protections to some projected, ideal Canada, we remain keen to promote ourselves as members of an entirely just society."--
Canadian literature (English) --- Legal literature --- Law and literature --- Law in literature. --- Human rights in literature. --- Civil rights in literature. --- Politics in literature. --- Political science in literature --- Literature and law --- Literature --- Law books --- Lawbooks --- Law --- English literature --- Canadian literature --- History and criticism. --- History --- Canada --- In literature. --- Canadian fiction --- Law in literature --- Human rights in literature --- Civil rights in literature --- Politics in literature --- 820 <71> --- 820 <71> Engelse literatuur--Canada --- Engelse literatuur--Canada --- History and criticism --- Canada. --- Canadian Charter of Rights and Freedoms (Canada) --- Charte canadienne des droits et libertés (Canada) --- Charter of Rights and Freedoms (Canada)
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This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky’s legal and moral philosophy. The author connects Dostoevsky’s objections to Russia’s acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky’s vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky’s conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky’s analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.
Law and literature --- Law. --- Law and literature. --- Literature and law --- Literature --- Acts, Legislative --- Enactments, Legislative --- Law --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- History --- Regions --- Dostoyevsky, Fyodor, --- Dāstavaskī, --- Dāstāyivskī, --- Dastoyaveski, Fiyodar, --- Dostoevski, F., --- Dostoevskiĭ, F. M. --- Dostoevskiĭ, Fedor, --- Dostoevskiĭ, Fedor Mikhaĭlovich, --- Dostoevskij, Fedor, --- Dostoevsky, F. M. --- Dostoevsky, Fedor, --- Dostoevsky, Fyodor, --- Dostogephskē, Th., --- D̲ostogephski, --- D̲ostogiephski, Ph. M., --- D̲ostogiephsky, Phiontor Michaēlovits, --- D̲ostogievskē, Phiontor, --- Dostoievski, Fedor, --- Dostoievski, Fédor Mikhailovitch, --- Dostoievski, Fiodor, --- Dostoievsky, F., --- Dostoïevsky, Fédor, --- Dostoïevsky, Th. M., --- Dostoiewskij, --- Dostojevski, F. M., --- Dostojevskij, F. M., --- Dostojevskij, Fedor Michajlovič, --- Dostojevskij, Fjodor, --- Dostojevskis, F., --- Dostojevskis, Fjodors, --- Dostojewski, --- Dostojewski, Fiodor, --- Dostojewski, Fjedor Michailowitsch, --- Dostojewski, Fjodor, --- Dostojewski, Teodor, --- Dostojewskij, F. M. --- Dostojewskij, Fjodor M., --- Dostojewsky, --- Dosṭoyeṿsḳi, F. M., --- Dosṭoyevsḳi, Fyodor, --- Dosṭoyevsḳi, Fyodor Mikhailovits', --- Dostoyewski, Fedor, --- Dosztojevszkij, F. M. --- Dosztojevszkij, Fjodor Mihajlovics, --- Dusituoyefusiji, --- Dustūyafskī, Fīdūr, --- Tāstayēvski, K̲apiyōtar, --- Tʻo-ssu-tʻo-yeh-fu-ssu-chi, --- Tu-ssu-tʻo-yeh-fu-ssu-chi, --- Tuosituoyefusiji, --- Zuboskal, --- ドストエフスキー --- Criticism and interpretation. --- 1800-1899 --- Russia. --- 1917 --- Rosja --- Rossīi͡ --- Rossīĭskai͡a Imperīi͡ --- Ṛusastan --- Russian Empire --- Russie --- Russland --- Dostoevskij, Fëdor Mihajlovič --- Dostoevskij, Fjodor Mihajlovič --- Dostoevskij, Fedor Mikhajlovich --- Dostojevski, Fjodor Michajlovitsj --- Dostojewski, Fedor --- Dostojevski, Fedor --- Dostojewski, Fjodor --- Dostojevski, Fjodor --- Dostojewski, Fjodor Michailowitsj --- Dostojewskij, Fjodor M. --- Dostoïevski, Fiodor --- Dostoïevsky, Fedor Mihajlovic --- Достоевский, Федор, --- דאםטאיעווםקי, פ. --- דאסטאיעווסקי, פ. --- דאסטאיעווסקי, פ. מ. --- דאסטאיעווסקי, פ. מ., --- דאסטאיעוועסקי, פ. --- דאסטאיעװסקי, פ.מ --- דאסטאיעװסקי, פ., --- דוסטויבסקי --- דוסטויבסקי, פדור מיכאילוביץ --- דוסטויבסקי, פיודור מיכאילוביץ, --- דוסטויבסקי, פיודור ניכילוביץ' --- דוסטויבסקי, פיודור, --- דוסטויבסקי, פי., --- דוסטויבסקי, פ. מ., --- דוסטויבסקי, ת. ד. --- דוסטוייבסקי, פיודור --- דוסטוייבסקי, פיודור, --- 陀司妥也夫斯基, --- 陀思妥也夫斯基, --- 陀思妥耶夫斯基, --- F. ドストエフスキー, --- Rossīi︠a︡ --- Rossīĭskai︠a︡ Imperīi︠a︡ --- Russia --- Dostojevskij, Michaljovič, --- Dostoyevsky, Fyodor Mikhail,
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