By Kieran Dolin
Kieran Dolin introduces the interdisciplinary examine of legislation and literature and charts the background of the transferring relatives among the 2 disciplines, from the open association among literature and legislations within the sixteenth-century resorts of courtroom to the fewer seen hyperlinks of up to date tradition. every one bankruptcy is organised round a well-known trial or literary-legal stumble upon. The extensive resonance of such trials illuminates the cultural centrality of legislations, and the social responsiveness of literature. This ebook presents an obtainable consultant to 1 of the main intriguing parts of interdisciplinary scholarship this present day.
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Additional info for A Critical Introduction to Law and Literature
In the traditional language of the law, juries were asked to consider what would a ‘reasonable man’ do in the circumstances? What level of force would he respond with? The reasonable man was the standby of legal objectivity, a mythical figure upon whom juries and judges could project their notions of a reasonable action or reaction in any situation. He was the universal legal subject, the personification of rationality and due care and controlled agency who could be wheeled in as the ideal citizen, and against whom any other citizen’s acts might be measured.
Law’s language 33 CONCLUDING EXAMPLES To conclude this chapter, I would like to examine two examples of legal language, the opinion of Lord Goddard CJ approving a jury direction given by Sir Patrick Devlin in the English Court of Criminal Appeal case of Duffy, and that of Madame Justice Bertha Wilson in the Supreme Court of Canada in another criminal appeal case, Lavalle´e. Some of the concepts discussed above can be illustrated in relation to these two judgments, the ‘stock story’ underlying defences to crimes of violence.
9 This classical tradition was revived for the school curriculum and professional legal education during the 22 Eminent domains Middle Ages and Renaissance. 10 An exemplary case is that of the famous judge, Sir Edward Coke, who ‘had in his library Aristotle’s and Quintilian’s rhetorics, several grammars and books of logic . . 11 However, the new technology of printed books was transforming the culture of the word, lessening the role of memory and orality, and thereby changing the orientation of rhetoric.