Law and literature Flashcards
First to envision the movement
Most scholars, credit James Boyd White as the founder of the law and literature movement because of the dedicated research and distinguished publications he has contributed to this rapidly growing field.
What is the relationship between law and Literature?
They both deal with the relationship between “humans and society.”
❖ Characteristics of law
❖1. It is a set of rules.
❖2. It regulates the human conductor
❖3. It is created and maintained by the state.
❖4. It has certain amount of stability, fixity and uniformity.
❖5. It is backed by coercive authority.
❖6. Its violation leads to punishment.
❖ 7. It is the expression of the will of the people and is generally written down to give it definiteness.
❖8. It is related to the concept of ‘sovereignty’ which is the most important element of state.
The field of intellectual history of law has two major roots
- there is doubt whether law alone has value and meaning, or whether it must be understood within a broader cultural, philosophical, and social context.
- there is an increasing recognition that the meaning of texts, including legal texts, is subject to change over time.
What is the two complementary perspectives of law and literature?
Law in literature :
❖is the understanding enduring issues as they are explored in great literary texts. (based in real law
how a writer represent of a real law )
law as literature :
❖is the understanding of legal texts by reference to methods of literary interpretation, analysis, and critique. (laws made up by the writer)
Crime and Punishment
(1866)It is the second of Dostoevsky’s full- length novels following his return from ten years of exile in Siberia. Crime and Punishment is considered the first great novel of his “mature” period of writing.
theme: Alienation from Society
Raskolnikov who believes he is superior to others and cannot relate to anyone. He sees other people as tools to be used for his own ends. This prideful attitude separates him from society and makes it difficult for him to form meaningful connections with others.
theme: The Psychology of Crime and Punishment
Porfiry Petrovich, the detective tasked with solving the crime, recognizes the psychological angle of the case. He understands that a guilty criminal will experience mental torture, and he uses this knowledge to try and get Raskolnikov to confess. He makes speeches detailing the workings of Raskolnikov’s mind after the killing, and he is certain that Raskolnikov will eventually confess or go mad.
theme: Moral and legal consequences of crime:
Raskolnikov’s guilt is evident, both physically and mentally. He is tormented by the crime he has committed and cannot escape the consequences of his actions. The novel suggests that carrying out a crime is always accompanied by illness, both physical and mental.
Legally, Raskolnikov confesses to his crime and is sentenced to serve time in Siberia. This raises the question of whether it is possible for someone to truly repent for their sins and live in peace with themselves without facing legal consequences. The novel explores the idea of redemption and whether it is possible to redeem oneself in the eyes of society without serving some form of punishment.
Symbol: the city
represents Raskolnikov’s state of mind as he progresses through the novel towards his confession and redemption. The city is chaotic and agitated, reflecting Raskolnikov’s own delirious state.
Symbol: the cross
represents redemption for Raskolnikov. It symbolizes Jesus’ self-sacrifice for the sins of humanity, and Raskolnikov begins to recognize his own sins as he receives the cross. It is also a symbol of Sonya’s sacrifice, as she gives a part of herself to help bring Raskolnikov back to humanity.
Pity and Punishment:”(Yes! There’s nothing to pity me for! I ought to be crucified, crucified on a cross, not pitied! Crucify me, oh judge, crucify me but pity me?)“(Chapter,2 ) by Marmeladov.
This quote from “Crime and Punishment” is spoken by Marmeladov ( a former civil servant who has lost his job due to alcoholism and impoverished his family.), a drunkard who is struggling with his own guilt and sense of worthlessness. In this quote, he expresses that he believes there is nothing to pity him for and that he deserves to be punished for his actions. He even goes so far as to suggest that he should be crucified, a reference to the punishment that Jesus Christ endured, which symbolizes the ultimate sacrifice for redemption.
Marmeladov’s words reflect the novel’s exploration of the themes of guilt, punishment, and redemption. He seems to believe that punishment is necessary for redemption, and that he deserves to be punished for his sins. This idea is echoed throughout the novel, particularly in the character of Raskolnikov, who struggles with his own guilt and ultimately confesses to his crime.
“Why am I going there now? Am I capable of that? Is that serious? It is not serious at all. It’s simply a fantasy to amuse myself; a plaything! Yes, maybe it is a plaything.“ (chapter,1 ) by Raskolnikov’s .
This quote highlights the idea that sometimes people may act on impulses or engage in criminal behavior for seemingly trivial reasons. Raskolnikov is questioning his own motivations and whether he is capable of committing a serious crime, but ultimately dismisses his thoughts as a mere fantasy or plaything.
“Crime? What crime? he cried in sudden fury. “That I killed a vile and noxious insect, and old pawnbroker woman, of use to no one! …Killing her was atonement for forty sins. She was sucking the life out of poor people. Was that a crime? I am not thinking of it and I am not expiating it, and why are you all rubbing it in on all sides? ‘A crime! a crime! “ (part6,chapter 7) by Raskolnikov’s
This quote illustrates Raskolnikov’s belief that he is justified in committing murder, and that the old pawnbroker woman he killed was a burden on society. He argues that killing her was a form of atonement for other sins, and that she was not a valuable member of society.
However, this quote also highlights the novel’s exploration of the nature of crime and punishment. Raskolnikov is struggling with his own guilt and the societal consequences of his actions, and this quote shows the conflict between his own beliefs and the expectations of society.
