Literary Criticisms of Law

By: Guyora Binder, Robert Weisberg

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Paperback | 23 May 2000

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440 Pages

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22.8 x 15.2 x 3.18

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In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies.

Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.

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Immensely learned, thorough, and sane. -- Anthony Julius The Times Literary Supplement

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Preface	p. ix
Introduction
Law as Literature	p. 3
From Letters to Literature	p. 7
Literary Canons and Academies	p. 13
The Risks and Possibilities of Law and Literature	p. 16
Genres of Criticism	p. 20
Interpretive Crises in American Legal Thought	p. 28
Introduction	p. 28
The Crisis of Whig Hermeneutics	p. 31
Progressive Interpretation	p. 56
The Crisis of Progressive Interpretation	p. 87
Conclusion	p. 109
Hermeneutic Criticism of Law	p. 112
Introduction	p. 112
Literary Theories of Interpretation	p. 114
Law as Literary Interpretation	p. 154
Legal Hermeneutics in Practice	p. 188
Conclusion	p. 199
Narrative Criticism of Law	p. 201
Introduction: The Law as Narrative Trope	p. 201
Literary Theories of Narrative	p. 209
Instrumental Claims: Narrative as Law's Antagonist and Salvation	p. 232
Law and Narrative as Mutually Inherent	p. 261
Conclusion: Performing the Law and Narrating the Nation	p. 287
Rhetorical Criticism of Law	p. 292
Introduction: Law, Rhetoric, and the Problem of Authoritarianism	p. 292
A Very Brief History of Rhetoric	p. 299
The Conservative Model o Rhetoric	p. 309
Is a Liberal Rhetoric Possible?	p. 330
Conclusion	p. 376
Deconstructive Criticism of Law	p. 378
Introduction	p. 378
Derridean Deconstruction	p. 380
Deconstruction as Epistemological Criticism	p. 408
Deconstruction as Ethical Criticism	p. 440
Conclusion	p. 460
Cultural Criticism of Law	p. 462
Introduction	p. 462
Theoretical Sources for Cultural Criticism of Law	p. 464
Cultural Readings of Disputes	p. 480
Cultural Readings of Capitalism	p. 507
Conclusion	p. 538
Index	p. 541
Table of Contents provided by Syndetics. All Rights Reserved.

Literary Criticisms of Law

At a Glance

Paperback

Industry Reviews

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