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Law and Literature: Revised and Enlarged Edition | Richard A. Posner | No deconstructionist twaddle- Rather, illuminating insights
 
 


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Law and Literature: Revised and Enlarged Edition
Richard A. Posner

Harvard University Press, 1998 - 432 pages

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Hailed in its first edition as an "outstanding work, as stimulating as it is intellectually distinguished" (New York Times), Richard A. Posner's 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." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.

Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.

Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" (Wall Street Journal).




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It's deep, but it's worth it.

People who have an appetite for words and the law will enjoy and profit from "Law and Literature." The prolific Richard Posner has updated his intellectually stimulating first edition to present once again an important study of how the fields of literature and law intersect and inform each other. As you read it, have a dictionary handy: in no other book of its size are you likely to encounter such words as antimonies, ressentiment, simulacra, sitzfleisch, bildungsroman, fictive, and agonistic. From time to time I thought he was just showing off his vocabulary, but I came to believe that that's the way he really thinks. It's a challenge, but it's worth it.


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No deconstructionist twaddle- Rather, illuminating insights

Judge Posner is one of the more wondrous polymaths of his generation. Law and Literature, although not the greater of his achievements, is a thoughtful opus, full of illuminating insights. I read his book 6 or 7 years ago but I remember how impressed I was by the sharpness of his analysis of the legal implications of Kafka's Trial and Melville's Billy Budd. I have been roused to giving my opinion because all the other commentators are so uniformly negative about the book. Clearly, either they are missing something, or I am wide off the mark. I propose it's the former, and recommend "Law and Literature" to anyone who wants to know how one of the heights of contemporary legal thought tackles many of the issues that have occupied anyone who knows the law and enjoys literature. The fact that Posner doesn't indulge in deconstructionist twaddle is no reason to abstain.


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