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Books > Language & Literature > Literature: history & criticism > Literary studies
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Rhetoric and Evidence - Legal Conflict and Literary Representation in U.S. American Culture (Hardcover)
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Rhetoric and Evidence - Legal Conflict and Literary Representation in U.S. American Culture (Hardcover)
Series: Law & Literature
Expected to ship within 12 - 19 working days
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The book traces the changing relation and intense debates between
law and literature in U.S. American culture, using examples from
the 18th to the 20th century (including novels by Charles Brockden
Brown, James Fenimore Cooper, Harper Lee, and William Gaddis).
Since the early American republic, the critical representation of
legal matters in literary fictions and cultural narratives about
the law served an important function for the cultural imagination
and legitimation of law and justice in the United States. One of
the most essential questions that literary representations of the
law are concerned with, the study argues, is the unstable relation
between language and truth, or, more specifically, between rhetoric
and evidence. In examining the truth claims of legal language and
rhetoric and the evidentiary procedures and protocols which are
meant to stabilize these claims, literary fictions about the law
aim to provide an alternative public discourse that translates the
law's abstractions into exemplary stories of individual experience.
Yet while literature may thus strive to institute itself as an
ethical counter narrative to the law, in order to become, in
Shelley's famous phrase "the legislator of the world", it has to
face the instability of its own relation to truth. The critical
investigation of legal rhetoric in literary fiction thus also and
inevitably entails a negotiation of the intrinsic value of literary
evidence.
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