Law and literature

The term law and literature is a research direction that is settled interdisciplinary between law and literature, and deals with the relationship between law and literature. It is strongly represented as "Law & Literature Movement" in Anglo-American culture, but is more recently gaining recognition in Germany. Law and literature is divided in two main research areas: " Law in Literature " (English law in literature ) and "Law as Literature " (English law as literature ).

History of research area

Chance of German legal scholars have pointed out already in the early 19th century on the relationship between law and literature. These are, in particular Gustav Radbruch and Eugen Wohlhaupter. To a veritable research direction, the field of law and literature, however, was only developed in the mid- 1970s with the publication of the monograph The Legal Imagination by James Boyd White. Leading American scientists in the field of law and literature today are Richard H. Weisberg, Robert Weisberg, Allan Hutchinson, Ian Ward and Peter Brooks. Deal in Germany or dealt among other things Klaus Lüderssen, Heinz Müller- Dietz, Peter Haeberle, Daniel Halft, Peter Schneider and Thomas Vormbaum with the topic.

Law in literature

This portion deals with legal motifs in the literature as well as taken up by the literature real legal cases. Among other things, the relationship of real legal affairs and literary processing is investigated. The search for regulatory motifs or references in the literature is in principle unlimited, but has in the past, authors such as Johann Wolfgang von Goethe, Heinrich von Kleist, Robert Musil, Franz Kafka, Friedrich Dürrenmatt and Bernhard Schlink and Janko Ferk in German and William Shakespeare, Herman Melville and John Maxwell Coetzee concentrated in English-speaking countries.

Law as literature

Representatives in this research consider legal texts among literary point of view. Apply to models of literary theory to legal texts and try in this way to improve the analysis and interpretation of legal texts. Starting point for your research is the consideration that the law ( legal texts, judgments, etc.) always about language and / or script is being communicated. The interpretation of the text is then used its correct application. Since the models of literary theory were also developed for the interpretation of texts, to the extent there is an overlap, which would make the representatives of this line of research can be used for further insight.

Bibliography

  • Jean -Claude Alexandre Ho: Law and Literature. A left response to Law and Economics, Law Forum 2008, pp. 86-87 (PDF)
  • Daniel Halft: The scene is a tribunal! A study on the relationship between law and literature using the example of the play ' cyanide ' by Friedrich Wolf, BWV, Berlin 2007, ISBN 978-3-8305-1420-6.
  • Jürgen Joachim Thaler: legal fictions, court performances and the "as if" the law: the legal texture as a literary art form. In: Non fiction. Arsenal of the other classes 3 (2008 ), pp. 31-49.
  • Klaus Kastner: Literature and changes in legal thinking, Boorberg, Stuttgart; Munich et al 1993, ISBN 3-415-01800-8.
  • Arthur Kaufmann: relationships between legal and novellas, Boorberg, Stuttgart 1987, ISBN 3-415-01339-1.
  • Arthur Kaufmann: Law and grace in the literature, Boorberg, Stuttgart, Munich, etc. 1991, ISBN 3-415-01684-6.
  • Michael Kilian: literature and jurisprudence - Comments on the professional image of lawyers, judges German newspaper ( Driz ), 1985, pp. 18-21.
  • Klaus Lüderssen: Productive reflections. Law in literature, theater and film, Nomos, 2nd exp. Edition, Baden -Baden 2002, ISBN 3- 7890-7912 -X.
  • Ulrich Mölk (ed.): Literature and Law: Literary rights cases from antiquity to the present, Wallenstein, Göttingen 1996, ISBN 3-89244-215-0.
  • Heinz Müller- Dietz: Legal and crime in the literary reflection. Collected Essays, BWV, Baden -Baden 1999, ISBN 3-8305-0413-6.
  • Heinz Müller- Dietz: Legal and crime in literary reflections, BWV, Berlin 2007, ISBN 3-8305-1340-2.
  • Edward Schramm: Law and Literature, Legal Worksheets ( JA) 2007, pp. 581-585.
  • Ian Ward: Law and Literature: A Continuing Debate. . . in, DERs: Law and Literature: Possibilities and Perspectives, Cambridge University Press, 1995, 3 - 27.
  • Richard H. Weisberg: Poethics, and other strategies of law and literature, New York and Oxford, 1992.
  • James Boyd White: The Legal Imagination: Studies in the Nature of Legal Thought and Expression, Boston 1973.
Text (literary theory) Pitaval Sociology of law
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