Fiction and the Law

Fiction and the Law
Author: Kieran Dolin
Publisher: Cambridge University Press
Total Pages: 246
Release: 1999-06-13
Genre: History
ISBN: 0521623324

This work explores the relationship between law and literature in canonical texts from Victorian and Modernist periods.

Serializing Fiction in the Victorian Press

Serializing Fiction in the Victorian Press
Author: G. Law
Publisher: Springer
Total Pages: 320
Release: 2000-10-23
Genre: Fiction
ISBN: 0230286747

Drawing on extensive archival research in both Britain and the United States, Serializing Fiction in the Victorian Press represents the first comprehensive study of the publication of instalment fiction in Victorian newspapers. Often overlooked, this phenomenon is shown to have exerted a crucial influence on the development of the fiction market in the last decades of the nineteenth century. A detailed description of the practice of syndication is followed by a wide-ranging discussion of its implications for readership, authorship, and fictional form.

Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law
Author: Steven D. Smith
Publisher: University of Notre Dame Pess
Total Pages: 349
Release: 2021-09-15
Genre: Law
ISBN: 0268201196

Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Eighteenth-Century Fiction and the Law of Property

Eighteenth-Century Fiction and the Law of Property
Author: Wolfram Schmidgen
Publisher: Cambridge University Press
Total Pages: 276
Release: 2002-10-17
Genre: Literary Criticism
ISBN: 1139434829

In Eighteenth-Century Fiction and the Law of Property, Wolfram Schmidgen draws on legal and economic writings to analyse the description of houses, landscapes, and commodities in eighteenth-century fiction. His study argues that such descriptions are important to the British imagination of community. By making visible what it means to own something, they illuminate how competing concepts of property define the boundaries of the individual, of social community, and of political systems. In this way, Schmidgen recovers description as a major feature of eighteenth-century prose, and he makes his case across a wide range of authors, including Daniel Defoe, Henry Fielding, William Blackstone, Adam Smith, and Ann Radcliffe. The book's most incisive theoretical contribution lies in its careful insistence on the unity of the human and the material: in Schmidgen's argument, persons and things are inescapably entangled. This approach produces fresh insights into the relationship between law, literature, and economics.

Novel Judgements

Novel Judgements
Author: William P. MacNeil
Publisher: Routledge
Total Pages: 224
Release: 2011-09-08
Genre: Fiction
ISBN: 1134046723

Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.

Law, Fiction and Activism in a Time of Climate Change

Law, Fiction and Activism in a Time of Climate Change
Author: Nicole Rogers
Publisher: Routledge
Total Pages: 259
Release: 2019-08-14
Genre: Law
ISBN: 0429878524

The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.

Fandom and the Law

Fandom and the Law
Author: Marc H. Greenberg
Publisher: American Bar Association
Total Pages: 263
Release: 2022-05-02
Genre: Law
ISBN: 9781641058858

"An analysis based on the two major iterations of copyright law, the 1909 Act and the 1976 Act"--

Legal Fictions

Legal Fictions
Author: Karla FC Holloway
Publisher: Duke University Press
Total Pages: 176
Release: 2013-12-16
Genre: Law
ISBN: 0822377055

In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.

Law and Authors

Law and Authors
Author: Jacqueline D. Lipton
Publisher: University of California Press
Total Pages: 272
Release: 2020-08-04
Genre: Law
ISBN: 0520301811

This accessible, reader-friendly handbook will be an invaluable resource for authors, agents, and editors in navigating the legal landscape of the contemporary publishing industry. Drawing on a wealth of experience in legal scholarship and publishing, Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, or academic). Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. Although the book focuses on American law, it highlights key areas where laws in other countries differ from those in the United States. Law and Authors will prepare every writer for the inevitable and the unexpected.