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Posts Tagged ‘Baudrillard’

Book Note: Poetic Justice and Legal Fictions, by Jonathan Kertzer

In Arts & Letters, Book Reviews, Humanities, Jurisprudence, Justice, Law, Law-and-Literature, Literary Theory & Criticism, Literature, Writing on September 28, 2012 at 8:45 am

Allen Mendenhall

The following excerpt first appeared as part of the Routledge Annotated Bibliography of English Studies series.

This book is a compilation of literary essays that at first blush seem to have no through line save for an attention to law in the abstract.  Nevertheless, each chapter is connected by the theme of justice and the relation of language to both law and literature.

Á la Flaubert, the book treats justice as the supreme literary value, and it distinguishes between the justice of literature and the literariness of justice.  Language has its own jurisdiction and can be used judiciously, and the author seems to believe that signifiers can represent the phenomenal world in ways that have a practical bearing in law.  By the same token, language itself is regulated by laws even as it enacts laws.  The author discusses literary justice as a poetic expression of the material world.

The phrase “poetic justice” refers to the possibility that poetry might offer something better than truth in order to bring about justice; the truly poetic is just.  Genre and jurisdiction resemble one another in their conceptual claims to authority or law.

Beginning with judicial discourse in comedies, more specifically with the operas of Gilbert and Sullivan, the book moves through Nietzsche, Baudrillard, Disgrace, Huckleberry Finn, The African Queen, Billy Budd, the poetry of Wallace Stevens, Anil’s Ghost, and other works.  The book therefore does not limit itself to discussion of a particular historical period, a fixed geography, or a specific genre.  Rather, it weaves together a wide range of novelists, theorists, and historical figures, many of whom are unlikely to be categorized together were it not for their interests (some longstanding, some fleeting) in law.

What allows the book to read as a unified whole is its analysis at the intersections of justice, law, and literary forms.

The Problem with Legal Education; or, Another Piece About the Aimlessness, Pointlessness, and Groundlessness of Law School

In Arts & Letters, Humanities, Law, Legal Education & Pedagogy, Pedagogy, Teaching, Writing on July 27, 2011 at 2:23 pm

Allen Mendenhall

The latest issue of Academic Questions (Summer 2011: Vol. 24, No. 2) devotes most of its content to legal education.  Published by the National Association of Scholars, Academic Questions often features theme issues and invites scholars from across the disciplines to comment on particular concerns about the professoriate.  (Full disclosure: I am a member of the NAS.)  Carol Iannone, editor at large, titles her introduction to the issue “Law School and Other Tyrannies,” and writes that “[w]hat is happening in the law schools has everything to do with the damage and depredation that we see in the legal system at large.”  She adds that the contributors to this issue “may not agree on all particulars, but they tell us that all is not well, that law school education is outrageously expensive, heavily politicized, and utterly saturated with ‘diversity’ mania.”  What’s more, Iannone submits, law school “fails to provide any grounding in sound legal doctrine, or any moral or ethical basis from which to understand principles of law in debate today.”  These are strong words.  But are they accurate?  I would say yes and no.

Law school education is too expensive, but its costs seem to have risen alongside the costs of university education in general.  Whether any university or postgraduate education should cost what it costs today is another matter altogether.

There is little doubt that law schools are “heavily politicized,” as even a cursory glance at the articles in “specialized” law journals would suggest.  These journals address anything from gender and race to transnational law and human rights.

But how can law be taught without politicizing?  Unlike literature, which does not always immediately implicate politics, law bears a direct relation to politics, or at least to political choices.  The problem is not the political topics of legal scholarship and pedagogy so much as it is the lack of sophistication with which these topics are addressed.  The problem is that many law professors lack a broad historical perspective and are unable to contextualize their interests within the wider university curriculum or against the subtle trends of intellectual history.

In law journals devoted to gender and feminism, or law journals considered left-wing, you will rarely find articles written by individuals with the intelligence or learning of Judith Butler, Camille Paglia, or Eve Sedgwick.  Say what you will about them, these figures are well-read and historically informed.  Their writings and theories go far beyond infantile movement politics and everyday partisan advocacy.    Read the rest of this entry »

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