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商品の説明
内容説明
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Book Description
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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1個のレビュー
Deft, thorough, learned
2008/11/8
形式:ペーパーバック|Amazonが確認した購入
Binder and Weisberg have produced a truly excellent book. If you are interested in the sub-discipline of law and literature (a kind of counterpart to the law and economics movement), this is the best study of the scholarship by far. If offers a well organized introduction to the major methodological approaches, but the book is far from rudimentary, and you will get an incisive, well informed assessment of the strengths and weaknesses of each branch of this discipline.
The book is aimed at academics and advanced students. Binder and Weisberg are especially good at explaining abstruse aspects of literary theory to those trained primarily in the law. At the same time, they escape the trap of some literary scholars who treat the law as nothing more than text, and who tend to neglect the significant differences between law (a social practice) and literature (cultural practices and artifacts that have a different relation to the social).
Among its other strengths, the authors are able to recognize the historical dimensions of law. They are especially good at tracing the central play that slavery and race have played in the history of US law.
Although lucid and well organized, this book isn't a quick read. It is long, thorough, and painstaking--all of which pays off if you find the subject compelling. I read each chapter carefully and closely, and Binder and Weisberg more than repaid the effort.
The book is aimed at academics and advanced students. Binder and Weisberg are especially good at explaining abstruse aspects of literary theory to those trained primarily in the law. At the same time, they escape the trap of some literary scholars who treat the law as nothing more than text, and who tend to neglect the significant differences between law (a social practice) and literature (cultural practices and artifacts that have a different relation to the social).
Among its other strengths, the authors are able to recognize the historical dimensions of law. They are especially good at tracing the central play that slavery and race have played in the history of US law.
Although lucid and well organized, this book isn't a quick read. It is long, thorough, and painstaking--all of which pays off if you find the subject compelling. I read each chapter carefully and closely, and Binder and Weisberg more than repaid the effort.
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