Monday, January 26, 2015

Derecho en Dostoyevski. Novedad bibliográfica



Amy D. Ronner
Dostoevsky and the Law
Carolina Academic Press, Durham, North Carolina, 2015, 322 pp
ISBN: 9781611634174

In 1849, Fyodor Dostoevsky, already a known novelist, was arrested, tried, and sentenced to death for treason. After about eight months in prison, officials paraded him and others into a public square and tethered them to execution posts before a firing squad. Just before discharging their fatal shots, the soldiers received a command to halt. By order of Nicholas I, the great Russian novelist and fellow prisoners were spared and their death sentences commuted to terms of hard labor and exile in Siberia. After serving his sentence, Dostoevsky, permitted to return to St. Petersberg, wrote some of the greatest masterpieces in world literature. His experience in Siberia, where he lived in close proximity with convicts, political prisoners, and others punished for crimes they did not commit, shaped his life and career. It not only gave him insight into the workings of the human psyche, but also fostered what could be characterized as an obsession with criminal justice, convicts, and suspects. Although Dostoevsky wrote in the nineteenth century, his genius transcends time to shed light on our own justice system and legal doctrines. Through a legal lens, this book examines several of Dostoevsky’s works, including Crime and Punishment, The Double, Notes from the House of the Dead, Demons, and Brothers Karamazov, to show how they transmit relevant and timely messages about our mental capacity doctrine, confessions, legal system, and prisons. 


Author’s Note
Acknowledgments

Chapter One · Inexpressible Ideas: A Multifaceted Life and Legal Lens

I. Introduction

II. The Life

III. Critical Perspectives

IV. The Legal Lens

V. The Organization of The Book

Chapter Two · The Impenetrable Mental Capacity Doctrine:
The Double

I. Introduction

II. Testamentary Freedom and the Mental Capacity Doctrine
A. Lack of General Mental Capacity
B. Insane Delusion
1. The Bizarre
2. The Non- Bizarre

III. Dostoevsky’s The Double Debunks Our Mental Capacity
and Insane Delusion Doctrines
A. The Putative Story
B. The Critics
C. Indeterminate Reality
1. Pre- Double
2. Meeting the Double
3. Post- Double
D. Does the Double Truly Exist?

IV. Conclusion: Golyadkin’s Human “Shriek”

Chapter Three · The Confessant Gene: Crime and Punishment
and The Brothers Karamazov

I. Introduction

II. Confession Jurisprudence
A. United States Supreme Court
1. Due Process: Totality of the Circumstances
2. Miranda: Coercion
3. Sixth Amendment: Deliberate Elicitation
B. Commentators

III. Dostoevsky’s Confessant Gene
A. The Compulsive Self- Incriminator
1. Confession as Motive
2. The Crime as Confession
3. The Confession
B. The Self- Flagellating Confessant
1. Mitya’s Confession: Purgation of Shame
2. Ivan’s Confession: Spiritual Crisis
C. Miscarriage of Justice

IV. Conclusion: The “Experience of Active Love”

Chapter Four · Prisons of Coercion: Notes from The House
of the Dead

I. Introduction

II. Dead House: Stripped of Free Will and Human Dignity
A. No Free Will
B. No Human Dignity

III. The Rise and Fall of Free Will and Human Dignity Under
the Due Process Clause and Miranda
A. Due Process Before Miranda
1. Free Will and Human Dignity
2. The Denigration of Free Will and Human Dignity
B. Miranda Protection 232
1. Free Will and Human Dignity
2. The Denigration of Free Will and Human Dignity

IV. The Ouster Of Miranda From The Prison
A. Miranda Once Applied 243
B. Inmates Don’t Always Get Miranda
C. Inmates Never Get Miranda

V. The Recreation of Dead House
A. No Free Will
B. No Human Dignity
VI. Conclusion: Why Care?

Chapter Five · Conclusion: Stushevatsia and Other Expressed Ideas

Index

Amy Ronner is a Professor of Law at St. Thomas University School of Law.


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De la misma autora ya quedó reseñada en este blog (Thursday, February 25, 2010. "Afinidades electivas. Law and Literature & Therapeutic jurisprudence". http://iurisdictio-lexmalacitana.blogspot.com.es/2010/02/afinidades-electivas-law-and-literature.html ) Law, Literature and Therapeutic Jurisprudence (Carolina Academic Press, Durham, North Carolina, 2010, 230 pp. ISBN: 9781594606373) que también reserva uno de sus capítulos a Dostoyevsky.


J.C.G.



Vladimir Favorski (1886 -1964). 'Fyodor Dostoevsky' (1929)

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