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Guilt and Punishment in “Law and Literature”
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This study attempts to connect two of the most important legal themes: guilt and punishment, by examining them in general terms and through their reflection in world literature. In particular, it e...
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17 September 2026

This study attempts to connect two of the most important legal themes: guilt and punishment, by examining them in general terms and through their reflection in world literature. In particular, it explores the works of three authors who excel in these issues: Miguel de Cervantes, Fyodor Dostoyevsky, and Franz Kafka. The topic of guilt and punishment is studied both from an abstract perspective and in its application to the lives and writings of these three distinguished figures in literary history. The first two chapters establish a rich theoretical framework from a variety of perspectives – psychological, religious, juridical. The following chapters take the reader on a fascinating journey through 2,500 years of world
literature, from Aeschylus to John Grisham. This back-and-forth between speculative and literary approaches is one of the main strengths of the book. These are just some of the many issues that the author lucidly and insightfully addresses in this captivating new monographic work, which is complemented by an extensive bibliography on the subject.
Price: $163.00
Pages: 208
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Studies in Law and Literature
Publication Date:
17 September 2026
ISBN: 9789004765993
Format: Hardcover
María José Falcón y Tella is Professor of Legal Philosophy (1991) of the Complutense University of Madrid. She is the author of 34 books, many of them translated into different languages. The English-language versions of Civil Disobedience (2004), Punishment and Culture (2006), Equity and Law (2008), A Three-Dimensional Theory of Law (2010), Case Law in Roman, Anglosaxon and Continental Law (2011), Justice and Law (2014), Law and Literature (2016), and The Law in Cervantes and Shakespeare (2021) were published with Brill/Nijhoff. She was awarded the “National Prize of Studies in Law” in 1987.