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Third Edition

The book remains the most clear, acute account of the intersection of law and literature. This third edition, extensively revised and enlarged, is the only comprehensive book-length treatment of the field. It continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts.

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Hailed in its first edition as an “outstanding work, as stimulating as it is intellectually distinguished” (New York Times), 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.”

The book explores areas of mutual illumination and expands its range to include new topics such as the cruel and unusual punishments clause of the Constitution, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism. In this edition, literary works from classics by Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come under Richard Posner’s scrutiny, as does the film The Matrix.

Contents

Preface

Critical Introduction

Part I. Literary Texts as Legal Texts

1. Reflections of Law in Literature

Theoretical Considerations

The American Legal Novel

The Law in Popular Culture

Camus and Stendhal

Farcical Trials

2. Law’s Beginnings: Revenge as Legal Prototype and Literary Genre

The Logic of Revenge

Revenge Literature

The Iliad and Hamlet

3. Antinomies of Legal Theory

Jurisprudential Drama from Sophocles to Shelley

Has Law Gender?

4. The Limits of Literary Jurisprudence

Kafka

Dickens

Wallace Stevens

5. Literary Indictments of Legal Injustice

Law and Ressentiment

Romantic Values in Literature and Law

Billy Budd, The Brothers Karamazov, and Law’s Limits

6. Two Legal Perspectives on Kafka

On Reading Kafka Politically

In Defense of Classical Liberalism

The Grand Inquisitor and Other Social Theorists

7. Penal Theory in Paradise Lost

The Punishment of Satan and His Followers

The Punishment of Man

The Punishment of the Animals

Part II. Legal Texts as Literary Texts

8. Interpreting Contracts, Statutes, and Constitutions

Interpretation Theorized

What Can Law Learn from Literary Criticism?

Chain Novels and Black Ink

Interpretation as Translation

9. Judicial Opinions as Literature

Meaning, Style, and Rhetoric

Aesthetic Integrity and the “Pure” versus the “Impure” Style

Two Cultures

Part III. How Else Might Literature Help Law?

10. Literature as a Source of Background Knowledge for Law

Arch of Triumph

From Huxley to The Matrix

11. Improving Trial and Appellate Advocacy

Sherlock Holmes to the Rescue?

Legal Narratology

Fictional Depictions of Lawyers

The Funeral Orations in Julius Caesar

12. But Can Literature Humanize Law?

Aesthetic versus Moralistic Literary Criticism

Then Why Read Literature?

Part IV. The Regulation of Literature by Law

13. Protecting Nonwriters

Pornographic Fiction

Defamation by Fiction

14. Protecting (Other) Writers

What Is an “Author”?

Copyright, Plagiarism, and Creativity

Parody

Conclusion. Law and Literature: A Manifesto

Index

with TOC BookMarkLinks

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