The Mirror of Justice: Literary Reflections of Legal Crises

封面
Princeton University Press, 2018年6月5日

This book studies major works of literature from classical antiquity to the present that reflect crises in the evolution of Western law: the move from a prelegal to a legal society in The Eumenides, the Christianization of Germanic law in Njal's Saga, the disenchantment with medieval customary law in Reynard the Fox, the reception of Roman law in a variety of Renaissance texts, the conflict between law and equity in Antigone and The Merchant of Venice, the eighteenth-century codification controversy in the works of Kleist, the modern debate between "pure" and "free" law in Kafka's The Trial and other fin-de-siècle works, and the effects of totalitarianism, the theory of universal guilt, and anarchism in the twentieth century.


Using principles from the anthropological theory of legal evolution, the book locates the works in their legal contexts and traces through them the gradual dissociation over the centuries of law and morality. It thereby associates and illuminates these masterpieces from an original point of view and contributes a new dimension to the study of literature and law.


In contrast to prevailing adherents of Law-and-Literature, this book professes Literature-and-Law, in which the emphasis is historical rather than theoretical, substantive rather than rhetorical, and literary rather than legal. Instead of adducing the literary work to illustrate debates about modern law, this book consults the history of law as an essential aid to the understanding of the literary text and its conflicts.

 

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內容

Introduction
3
The Birth of Justice from the Spirit of Tragedy
20
The Ambivalence toward Pagan Law
42
The Role of Rome
63
The Disenchantment with Customary Law
74
The Reception of Roman Law in Germany
98
European Variations
130
Law and Equity I
144
Law and Equity II
163
The Attractions of Codification
187
The Modern Crisis of Law
215
TwentiethCentury Legal Evolutions
241
NOTES
273
INDEX
315
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關於作者 (2018)

Theodore Ziolkowski is Class of 1900 Professor of German and Comparative Literature at Princeton University. He has published ten previous books with Princeton University Press, including The View from the Tower and The Sin of Knowledge.

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