Monday, January 03, 2011

Lecturas jurídicas. Law and Literary Criticism




Christine L. Krueger
Reading for the law : British literary history and gender advocacy
Charlottesville, Va. : University of Virginia Press (Victorian Literature and Culture Series), 2010, xiii + 301 p.
ISBN 13: 978-0813928937


Taking her title from the British term for legal study, "to read for the law", Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, Reading for the Law demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence."
Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists' aspirations for meaningful social transformation in modern, multicultural democracies.

Contents
Historiographies of witchcraft for feminist advocacy: historical justice in Elizabeth Gaskell's Lois the witch
Witchcraft precedents as literary history: from The discoverie of witchcraft to Sir Matthew Hale
The historical turn in witchcraft literature: from Enlightenment historiography to historical realism
Theories and histories of agency: Mary Wollstonecraft's narrative of the reasonable woman
Agency, equity, publicity: compos mentis in Charles Reade's Hard cash and lunacy commission reports
Gendered credibility: testimony in fiction and indecent assault
Women's legal literacy and pro se representation: from Griffith Gaunt to Georgina Weldon
Concealing women's mens rea: advocacy for female prisoners and infanticidal mothers
The secret agency of juries: forging resistance against sodomy prosecution

Christine L. Krueger is Associate Professor in the Department of English at Marquette University

In the tradition of the Law and Literature movement, Krueger discusses the relevance of literary history to feminist jurisprudence in the areas of legal precedent, agency, testimony, and motive, showing how literary history can contribute to advocating for justice for disadvantaged groups and educate scholars and students in both disciplines. She considers literary, legal, and historical sources from the early modern period through the Victorian age, as well as contemporary literary, feminist, and legal theory. She examines the legacy of witchcraft prosecutions, agency and the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and pro se litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy.
Los textos de referencia pertenecen a Elizabeth Gaskell (1810-1866) en Lois the Witch (1861); Mary Wollstonecraft Shelley (1797- 1851) en Maria or, The Wrongs of Woman (1797); Charles Reade (1814-1884) en Hard Cash (1863) y Griffith Gaunt (1866), y Anthony Trollope (1815–1882) en Orley Farm (1860s).
En las imágenes por ese orden.





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