xv, 266 pp. Using fiction as a lens through which to view
particular developments in the law, each of the essays in this book
discusses a work of literary fiction - some classical (the tale of
Ruth in the Bible, the fiction of Franz Kafka and Herman Melville,
the plays of William Shakespeare), some modern (the post-September
11 fiction of William Gibson, Ken Kalfus, Claire Messud, Ian McEwan
and Helen Schulman) - that concerns, directly or indirectly, the
historical development of the law. This exploration of legal
history through fiction pays particular attention to its relevance
to our present circumstances and our growing concerns about
terrorism and civil liberties.
Each essay considers the legal lessons about the fictional event or
events at its core, lessons that tell us something worth
remembering as we continue to chart law's evolution. These lessons,
like those that may be found in all great literature, necessarily
extend beyond the historical confines of the characters and plot
and background of each story to embrace the modern condition -
which, as these great stories suggest, is and always has been the
only condition.
"These provocative, scholarly essays range from the Bible to a look
at how tomorrow's technology may influence fundamental social
organization with many startling stops in between - Lady Macbeth,
Kafka, Napster and post 9/11 fiction to name a few. Friedman's
choices help the reader view the transit of law and culture through
novel, sometimes unforgettable, dimensions."
-- Michael Meltsner, Matthews Distinguished University Professor,
Northeastern Law School and author of The Making of a Civil Rights
Lawyer.
"The stories examined here brilliantly reflect worlds imagined by
literature that speak to the modern condition: worlds steeped in
law, worlds where law is refracted through complex orderings, and
worlds where law seems virtually absent. All eloquently express the
power of law to shape and unshape our realities within the modern
condition.
The authors examine the law's role within a wide range of literary
and historical texts. This volume remembers our deeply missed
colleague George Dargo, and builds on his prolific examination of
law in the context of biblical texts and the works of Herman
Melville and Franz Kafka. Three of his elegantly written articles
are included here. Lawrence Friedman's intricately researched
essays reveal continuities, within the legal imaginary, between the
novel at the height of its power in the nineteenth century and
cutting-edge postmodern fiction in the post-9/11 world. Carla
Spivack rounds out the volume with essays that take a fresh look at
property rights and law, not normally viewed as the most
scintillating of subjects. She engages in a fascinating exegesis of
Shakespeare's Hamlet, and in her other articles provides bold
insights from feminist, gender and queer studies. "
-- Tawia B. Ansah, Associate Dean for Academic Affairs, Professor
of Law, FIU, College of Law.
LAWRENCE FRIEDMAN received his bachelor of arts in history from
Connecticut College and holds law degrees from Boston College Law
School and Harvard Law School. A member of the faculty at New
England Law - Boston, he has written widely in the areas of
constitutional law, national security law, and law and literature.
His previous books include The Massachusetts State Constitution
(with Lynnea Thody) and The Case for Congress: Separation of Powers
and the War on Terror (with Victor Hansen).
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