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Law, Literature, and the Vanishing Real: On the Future of an Interdisciplinary Illusion

Published online by Cambridge University Press:  23 October 2020

Extract

I begin with a story: Some never-to-be-untangled amalgamation of history, caricature, and the truer than true that is fiction. A little over a decade ago, at a great and august university, a group of professors met to talk about law and literature. Most of the literature professors had been Vietnam War protesters, staged sit-ins, marched on Washington. Some of the law professors had spent time in Paris listening to Derrida and smoking Gauloises by the Seine. They had all watched the birth and death of deconstruction, critical legal studies, new historicism, various feminisms (though they weren't positively sure all these were dead). The law professors had been reading Adorno and Althusser; Barthes, Benjamin, and Butler; Deleuze and Derrida. The literature professors had been reading the Critical Legal Studies Reader and Amnesty International reports. The law professors were worried that narratology and post-colonial theory might already be passé. The literature professors were concerned, as a matter of principle.

Type
The Changing Profession
Copyright
Copyright © Modern Language Association of America, 2005

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References

Works Cited

Abraham, Kenneth S. “Statutory Interpretation and Literary Theory: Some Common Concerns of an Unlikely Pair.” Rutgers Law Review 32 (1980): 676–94.Google Scholar
Baron, Jane B. “Interdisciplinary Legal Scholarship as Guilty Pleasure: The Case of Law and Literature.” Freeman and Lewis 21–45.Google Scholar
Baron, Jane B. “Law, Literature and the Problems of Interdisciplinarity.” Yale Law Journal 108 (1999): 1059.-85.CrossRefGoogle Scholar
Binder, Guyora. “The Law-as-Literature Trope.” Freeman and Lewis 63–89.Google Scholar
Binder, Guyora, and Weisberg, Robert. Literary Criticisms of Law. Princeton: Princeton UP, 2000.CrossRefGoogle Scholar
Brooks, Peter. “The Law as Narrative and Rhetoric.” Law's Stories: Narrative and Rhetoric in the Law. Ed. Brooks, and Gewirtz, Paul. New Haven: Yale UP, 1996. 1422.Google Scholar
Carlson, David Gray, Cornell, Drucilla, and Rosenfeld, Michel, eds. Deconstruction and the Possibility of Justice. New York: Routledge, 1992.Google Scholar
Coughlin, Anne. “Regulating the Self: Autobiographical Performances in Outsider Scholarship.” Virginia Law Review 81 (1995): 1229.-340.CrossRefGoogle Scholar
Court, Franklin E. Institutionalizing English Literature: The Culture and Politics of Literary Study, 1750.-1900. Stanford: Stanford UP, 1992.Google Scholar
Cover, Robert. Narrative, Violence, and the Law: The Essays of Robert Cover. Ed. Minow, Martha, Ryan, Michael, and Sarat, Austin. Ann Arbor: U of Michigan P, 1993.Google Scholar
Danzig, Richard, and Weisberg, Richard. “Reading List on Law and Literature.” Humanities 7.3 (1977): 67.Google Scholar
Delgado, Richard. “Storytelling for Oppositionists and Others: A Plea for Narrative.” Michigan Law Review 87 (1989): 2411.-41.CrossRefGoogle Scholar
d'Errico, Peter. “The Law Is Terror Put into Words: A Humanist's Analysis of the Increasing Separation between Concerns of Law and Concerns of Justice.” Learning and the Law 2.3 (1975): 38–43, 5758.Google Scholar
Dworkin, Ronald. “Law as Interpretation.” Critical Inquiry 9.1 (1982): 179200.CrossRefGoogle Scholar
Eagleton, Terry. The Ideology of the Aesthetic. Cambridge: Blackwell, 1990.Google Scholar
Edwards, Harry T. “The Growing Disjunction between Legal Education and the Legal Profession.” Michigan Law Review 91 (1992): 3478.CrossRefGoogle Scholar
Farber, Daniel, and Sherry, Suzanna. Beyond All Reason: The Radical Assault on Truth in American Law. New York: Oxford UP, 1997.Google Scholar
Fish, Stanley. Doing What Comes Naturally: Change, Rhetoric, and the Practice of Theory in Literary and Legal Studies. Durham: Duke UP, 1989.Google Scholar
Fish, Stanley. Is There a Text in This Class? The Authority of Interpretive Communities. Cambridge: Harvard UP, 1980.Google Scholar
Fiss, Owen M. “Objectivity and Interpretation.” Stanford Law Review 34 (1982): 739–64.CrossRefGoogle Scholar
Freeman, Michael, and Lewis, Andrew D. E., eds. Law and Literature. Oxford: Oxford UP, 1999.Google Scholar
Garber, Marjorie. Academic Instincts. Princeton: Princeton UP, 2001.Google Scholar
Gates, Henry Louis Jr. “Let Them Talk: Why Civil Liberties Pose No Threat to Civil Rights.” New Republic 20 and 27 Sept. 1993. 37–49.Google Scholar
Hayman, Robert L. Jr., and Levit, Nancy. “The Tales of White Folk: Doctrine, Narrative, and the Reconstruction of Racial Reality.” Rev. of The Rodrigo Chronicles: Conversations about America and Race, by Richard Delgado. California Law Review 84 (1996): 377440.Google Scholar
Heilbrun, Carolyn, and Resnik, Judith. “Convergences: Law, Literature and Feminism.” Yale Law Journal 99 (1990): 1912.-56.CrossRefGoogle Scholar
Julius, Anthony. Introduction. Freeman and Lewis xi-xxvi.Google Scholar
Kretschman, Karen L., and Weisberg, Richard. “Wigmore's ‘Legal Novels’ Expanded: A Collaborative Effort.” Maryland Law Review 7.2 (1977): 94103.Google Scholar
Levinson, Sanford. “Law as Literature.” Texas Law Review 60 (1982): 373414.Google Scholar
London, Ephraim, ed. The World of Law: A Treasury of Great Writing about and in the Law: Short Stories, Plays, Essays, Accounts, Letters, Opinions, Pleas, Transcripts of Testimony, from Biblical Times to the Present. New York: Simon, 1960.Google Scholar
Mitchell, W. J. T.Editor's Introduction: The Politics of Interpretation.” Critical Inquiry 9.1 (1982): iii-viii.Google Scholar
Posner, Richard. “The Deprofessionalization of Legal Teaching and Scholarship.” Michigan Law Review 91 (1993): 1921.-28.CrossRefGoogle Scholar
Posner, Richard. Law and Literature: A Misunderstood Relation. Cambridge: Harvard UP, 1988.Google Scholar
Reich, Charles A. “Toward the Humanistic Study of Law.” Yale Law Journal 74 (1965): 1402. 08.CrossRefGoogle Scholar
Ricoeur, Paul. Freud and Philosophy: An Essay on Interpretation. Trans. Savage, Denis. New Haven: Yale UP, 1970.Google Scholar
Robertson, Mary Frances. “Language as Hero in Postmodern Formalist Fiction.” Diss. U of Wisconsin, Madison, 1979.Google Scholar
Said, Edward. “Opponents, Audiences, Constituencies, and Community.” Critical Inquiry 9.1 (1982): 127.CrossRefGoogle Scholar
Scarry, Elaine. “The Made-Up and the Made-Real.” Field Work: Sites in Literary and Cultural Studies. Ed. Garber, Marjorie, Paul, B. Franklin, and Rebecca L. Walkowitz. New York: Routledge, 1996. 214–24.Google Scholar
Scarry, Elaine. “War and the Social Contract: Nuclear Policy, Distribution, and the Right to Bear Arms.” University of Pennsylvania Law Review 139 (1991): 1257.-316.CrossRefGoogle Scholar
Scheppele, Kim Lane. “Foreword: Telling Stories.” Michigan Law Review 87 (1989): 2073.-98.CrossRefGoogle Scholar
Sharpe, Tony. “(Per)versions of Law in Literature.” Freeman and Lewis 91–115.Google Scholar
Smith, J. Allen. “Aspects of Law and Literature: The Revival and Search for Doctrine.” University of Hartford Studies in Literature 9 (1977): 213–22.Google Scholar
Smith, J. Allen. “The Coming Renaissance in Law and Literature.” Maryland Law Forum 7.2 (1977): 8492.Google Scholar
Suretsky, Harold. “Search for a Theory: An Annotated Bibliography of Writings on the Relation of Law to Literature and the Humanities.” Rutgers Law Review 32 (1979): 727–40.Google Scholar
Weisberg, Richard. “Literature's Twenty-Year Crossing into the Domain of Law: Continuing Trespass or Right by Adverse Possession?” Freeman and Lewis 47–61.Google Scholar
Weisberg, Richard. Poethics and Other Strategies of Law and Literature. New York: Columbia UP, 1992.Google Scholar
Weisberg, Richard. Rev. of The Legal Imagination, by James B. White. Columbia Law Review 74 (1974): 327–37.Google Scholar
Weisberg, Richard, and Barricelli, Jean-Pierre. “Literature and Law.” Interrelations of Literature. Ed. Barricelli, and Gibaldi, Joseph. New York: MLA, 1982. 150–75.Google Scholar
West, Robin. Narrative, Authority, and Law. Ann Arbor: U of Michigan P, 1993.CrossRefGoogle Scholar
White, James Boyd. The Legal Imagination. Boston: Little, 1973.Google Scholar
Williams, Raymond. Keywords: A Vocabulary of Culture and Society. 2nd ed. New York: Oxford UP, 1983.Google Scholar
Williams, Raymond. Marxism and Literature. Oxford: Oxford UP, 1977.Google Scholar