Law, Literature, Theatre: The Fiction of Common Judgment
作者: Biet
作者单位: 1Paris Ouest Nanterre La Défense/IUF, France
刊名: Law and Humanities, 2011, Vol.5 (2)
来源数据库: Hart Pub Journal
DOI: 10.5235/175214811798043586
英文摘要: This paper explores the problematic relationship of literature to law, demonstrating that even as literature sheds a critical light on the internal and external contradictions of the law, it also, conversely, adopts the lawyer's practice of trying to restore social harmony through the practice of cases. At the moment when the law is performed, most notably when judgment is passed, art takes up the case and, by opening up the dramatic uncertainties and ambiguities of the supposedly closed matter, constitutes the audience or reader as judge. Literature is therefore able to examine laws in a critical, ironic, aesthetic manner, using a fictional mode to pose questions that the law does not resolve, or only seems to have resolved; it demonstrates that laws are interpretable and debatable. This...
全文获取路径: Hart Pub  (合作)

  • concerned 有关
  • audience 听众
  • trying 难受的
  • supposedly 想来
  • fictional 假定
  • Law 法法律
  • contradictory 矛盾
  • aesthetic 美学的
  • proposal 申请
  • judge 判断