Goodrich, Peter. Review of "From Law and Literature to Legality and Affect". (original) (raw)
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I. INTRODUCTION Literature and law though being separate branches of social sciences share some proximity and amalgamate in objectives. Literature tends towards abstraction, creativity, variety in description and narration and is abundant in genres. Law on the other hand tends towards clarity, logical interpretation scope, definite pattern and style of drafting and is varied in branches. " The relationship between law and literature is rich and complex. In the past three and half decades, the topic has received much attention from literary critics and legal scholars studying modern literature. Ever since the publication of James Boyd White's The Legal Imagination in 1973, there have been numerous books and articles studying the role of law in the plays of Shakespeare or the novels of Dostoevsky, Melville, Kafka and Camus. Some writers have studied works of literature from jurisprudential perspective; others have applied the tools of literary analysis to legal texts such as ...
This encyclopedia entry provides an historical overview of the law and literature movement. It discusses the involvement of lawyers in American literature in the antebellum period, interest in judicial rhetoric and philosophy of language among progressive era legal theorists, and the turn to literary theory among American constitutional theorists and critical legal scholars during the late twentieth century. The emergence of law and literature movements in the U.K. and on the continent are also briefly discussed. Authors discussed include Ronald Dworkin, Stanley Fish, Peter Goodrich, Martha Nussbaum, Richard Weisberg, Brook Thomas, Robert Weisberg, Robin West, and J.B. White.
The Turn to Passion: Has Law and Literature become Law and Affect?
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Affect, this essay argues, has replaced literature as the other of law in law and literature. It begins with a survey of the influence of affect theory in posthumanism, queer theory, history, sociology, the new materialism, and narratology, arguing that "affect"an umbrella term that describes assemblages of nodes, waves, materials, and intensitieshas replaced Foucauldian "discourse" as the leading term in current critical commentary. The consequences of this affective turn for law and literature scholarship and conceptions of legal personhood are then explored. Whereas a more traditional view proposes that law's task is to mediate humans' worst passions and sublate affectively particular conflicts, newer work contends that law is a source of pain rather than its antidote. This entails an end to law and literature as we have known it. Examples of alternative justice offered through literary narratives are now deemed less productive in querying legalist prescription than non-linguistic and non-narratively constructed phenomena. Literature's function of providing "a narrative supplement" to the law has been displaced by anti-narrative explorations of the visual, the haptic, and the experiential that demonstrate law's hidden emotionality and its use of emotional tropes towards ideological ends. This brings text-and linguistic-based law-andliterature work into radical question.