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Poethics and Other Strategies of Law and Literature
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11 March 1992
Preface
Acknowledgments
Paving the Way
I. Poethics: Toward a Literary Jurisprudence
1. Filling the void
2. The Poetic Method for Law, or How the Law Means
3. Narrative Aspects of Judicial Opinions
4. Poetic Substance: The Poethics of Legal Narrative
Legalistic Storytellers
II. Let’s Not Kill All the Lawyers: Anglo-American Fiction’s Equivocal Approach to the Lawyer FIgure
5. The Literary Lawyer’s Six Compelling Traits
6. “I’ll have no feelings here!”: More on Mr. Jaggers
7. Law’s Oppression of the Feminine Other: Mr. Tulkinghorn v. Lady Dedlock
8. John Barth’s Todd Andrews: Inductive Reasoning, Relative Values
9. Gavin Stevens’ Quest for Silence: Faulkner’s Developing Lawyer Figure
III. Christianity’s Ends
10. “Then you shall be his surety”: Oaths and Mediating Breaches in The Merchant of Venice
11. Accepting the Inside Narrator’s Challenge: More on the Christ Figure in Billy Budd, Sailor
IV. The Self-Imploding Canon
12. Law, Literature and the “Great Books”: Legal Rhetoric, or the Stories Lawyers Tell
V. Lawtalk in France: The Challenge to Democracy
13. Avoiding Central Realities: Narrative Terror and the Failure of French Culture Under the Occupation
14. Legal Rhetoric Under Stress: The Example of Vichy
VI. Lawtalk in America
15. Thoughts on Judge Richard Posner’s Literary Performance
16. From Jefferson to the Gulf War: How Lawyers Have Lost Their Golden Tongue
17. Notes on Three Works by James Boyd White
Notes (1974) on The Legal Imagination
Notes (1987) on Heracles’ Bow
Notes (1991) on Justice as Translation
Conclusion
Notes
Index