奥斯丁·萨拉特等编《法律与人文导论》[Law and the Humanities: An Introduction]

Law and the Humanities: An IntroductionLaw and the Humanities: An Introduction, edited by Austin Sarat, Matthew Anderson, Cathrine O. Frank, Cambridge University Press 2009.

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Book Description

Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and from an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock-taking of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this “law and” enterprise and will spur its further development.


Table of contents

Contributors / ix
Acknowledgments / xi
Introduction: On the Origins and Prospects of the Humanistic Study of Law / Austin Sarat, Matthew Anderson, and Cathrine O. Frank / 1
I. PERSPECTIVES ON THE HISTORY AND SIGNIFICANCE OF SCHOLARSHIP IN LAW AND THE HUMANITIES: THREE VIEWS / 47
1 A Humanities of Resistance: Fragments for a Legal History of Humanity / Costas Douzinas / 49
2 Three Tales of Two Texts: An Introduction to Law and the Humanities / Kathryn Abrams / 73
3 Law, Culture, and Humility / Steven L. Winter / 98

II. IDEAS OF JUSTICE / 123
4 Biblical Justice: The Passion of the God of Justice / Chaya Halberstam / 125
5 Ideas of Justice: Natural and Human / Catherine Kellogg / 141
6 Ideas of Justice: Positive / Matthew Noah Smith / 161
7 Postmodern Justice / Peter Goodrich / 188

III. IMAGINING THE LAW / 211
8 Imagining the Law: The Novel / Susan Sage Heinzelman / 213
9 Imagining Law as Film (Representation without Reference?) / Richard K. Sherwin / 241
10 Law and Television: Screen Phenomena and Captive Audiences / Susanna Lee / 269
11 Imagining the Law: Art / Christine Haight Farley / 292

IV. LINGUISTIC, LITERARY, AND CULTURAL PROCESSES IN LAW / 313
12 Language / Penelope Pether / 315
13 Interpretation / Francis J. Mootz III / 339
14 Narrative and Rhetoric / Ravit Reichman / 377
15 Justice as Translation / Harriet Murav / 398
16 The Constitution of History and Memory / Ariela Gross / 416

V. INSTITUTIONAL PROCESSES / 453
17 Trials / Lindsay Farmer / 455
18 Testimony, Witnessing / Jan-Melissa Schramm / 478
19 Judgment in Law and the Humanities / Desmond Manderson / 496
20 Punishment / Karl Shoemaker / 517
Index / 531

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. He is author or editor of more than seventy books, including Mercy on Trial: What It Means to Stop an Execution; When the State Kills: Capital Punishment and the American Condition; The Cultural Lives of Cause Lawyers (with Stuart Scheingold); and The Blackwell Companion to Law and Society, among many others. Sarat is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics, and Society. In 1997, Sarat received the Harry Kalven Award given by the Law & Society Association for distinguished research on law and society. In 2004, he received the Reginald Heber Smith Award, given biennially to honor the best scholarship on the subject of equal access to justice. It was given in recognition of his work on cause lawyering and the three books he had produced on the subject. In 2006, the Association for the Study of Law, Culture and the Humanities awarded him the James Boyd White Prize for distinguished scholarly achievement in recognition of his “innovative and outstanding” work in the humanistic study of law. In 2009, he received the Stan Wheeler Award from the Law & Society Association for distinguished teaching and mentoring.

Matthew Anderson is Associate Professor and Chair of the Department of English and Language Studies at the University of New England. His teaching and scholarship combine an interest in law and in literature, particularly the ways in which issues of trauma and justice are registered in legal and literary texts. In 2005, he edited a special issue of Studies in Law, Politics, and Society, “Towards a Critique of Guilt: Perspectives from Law and the Humanities.” In 2009, he and Cathrine O. Frank received a grant from the National Endowment for the Humanities (USA) to direct a summer institute for college and university faculty on “The Rule of Law,” with an emphasis on the place of legal studies in the liberal arts.

Cathrine O. Frank is an Assistant Professor in the Department of English and Language Studies at the University of New England. Frank teaches and publishes in the areas of Victorian studies and law and literature. She has written on testamentary law and the realist novel as legal and literary modes of creating individual and cultural identity in such journals as Law and Literature, College Literature, and English Literature in Transition. Her book Law, Literature, and the Transmission of Culture in England, 1837-1925 is forthcoming in 2010

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