Law & Humanities Blog


Law and Poetry

Posted: 05 Jun 2012 01:04 PM PDT

Alexandra J. Roberts has published Constructing a Canon of Law-Related Poetry: Reviewing David Kader & Michael Stanford, Eds., 'Poetry of the Law: From Chaucer to the Present' (2010) at 90 Texas Law Review 1507 (2012). Here is the abstract.

Law and poetry make a potent, if surprising, pair. Poetry thrives on simultaneity and open-endedness, while legal writing aspires to resolve issues decisively, whether it advocates or adjudges. The law and literature movement has traditionally focused either on law as literature, applying literary theory and techniques to legal texts such as judicial opinions and legislation, or law in literature, i.e., law as portrayed in literary and artistic works. Poetry and poetics have garnered relatively little attention under either approach. While some scholars blame that omission on a supposed dearth of law-related poetry, the poems collected in Kader and Stanford's "Poetry of the law: From Chaucer to the Present" (2010) belie that claim. This essay considers the place of poetry in legal studies and advocates incorporating it into both the dialogue and the curriculum of the law and literature movement. It identifies themes that emerge from the juxtaposition of the poems in the anthology, examines the relationship of fixed-verse forms to law in the poems, and draws attention to those voices that are underrepresented in the collection and the movement. It relies primarily on the process of close reading several of the hundred poems included in "Poetry of the Law" and, in so doing, it practices law in literature while it models precisely the type of critical approach that would serve those participating in the study of law as literature.
It prescribes a canon of law-related poetry and illustrates how the inclusion of poems and techniques of poetic interpretation stand to benefit students, lawyers, and theorists alike.Download the book review from SSRN at the link.

Infanticide In Montreal

Posted: 05 Jun 2012 10:18 AM PDT

Ian C. Pilarczyk, Boston University School of Law, has published 'So Foul a Deed': Infanticide in Montreal, 1825-1850, at 30 Law & History Review 575 (May 2012). Here is the abstract.

This article argues that infanticide, and the legal and social responses thereto, exhibited a compromise between conflicting sentiments, realities, and paradigms. As a result, the actions of defendants, prosecutors, judges and jurors, and the public at large were characterized by competing motives and countervailing sympathies. The infant victims were nominally the focus of the law, but in reality these acts were viewed as crimes against social conventions. The issue of infanticide during this period therefore presents a fascinating study in this heavily gendered area of nineteenth-century criminal law, reflecting stark differences between law and custom. This article will provide a brief discussion of the historiography and underlying methodology, followed by the political and historical context for the Montreal experience, before moving on to the issue of infant abandonment, coroner's inquests, and the legal mechanics of infanticide prosecutions.

From Law and History Review's introduction: "Our final article, by Ian Pilarczyk, examines the phenomenon of infanticide and the legal responses to [it] in Montreal from 1825 to 1850, a period marked by significant economic, social, political, and legal flux. Working with thirty-one unpublished case files of infanticide, he illustrates that the legal and social ramifications of this heavily gendered crime were characterized by complexity, compromise, and conflict. He finds that the Canadian response largely mirrored that of other nineteenth-century Western jurisdictions. This finding suggests that local context matters, but should also remind scholars to consider the significance of transnational patterns in policing."
Download the article from SSRN at the link.
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