1,721,002 research outputs found
Native American Life Stories And Authorship : Legal and Ethical Issues
No full textJuridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as ownership and authorship. Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind\u27s eye two figures-Emmanuel Levinas, the philosopher, and Coyote, the trickster. Both remind me of the dangers of paradigms and the difficulty of my task. Levinas reminds me that paradigms are guilty of irresponsibility and tend to destroy Otherness. Coyote reminds me that paradigms are meant to be broken in the name of fluidity and freedom. Keeping their admonitions in mind, I will attempt the delicate task of proposing an answer via the route of the master paradigm that is the law. It is well known that Native Americans have suffered legally sanctioned appropriation of property rights in genocidal proportions. But there is one area of property law that has yet to be explored in any detail-intellectual property rights of Native American life stories. When such life stories are, as often happens, written in collaboration with a non-Native editor, translator, or transcriber, the commodification and objectification of the Other becomes a real possibility. This hazard of appropriation is always present when a text is the product of two unequally powerful cultures. Collaborations also raise some thorny issues in copyright, since the law is uneasy with the concept of multiple authors for a single work. In grappling with some of the legal and ethical issues raised by collaborative life stories, I first describe the various legal options currently available for intellectual property rights in collaborative texts. Secondly, I explore the moral and ethical dimensions at stake in the categories of authorship and ownership of Native American life stories. Finally, I suggest some ways to legitimate the human rights underlying the property rights in Native American life stories by rethinking the category of author in relation to Native American cultural patrimony. I propose that collaborators should always contractually provide that the Native American subject retain copyright in his or her own life story. Throughout, I will keep at the forefront a central issue raised by the Jewish philosopher Emmanuel Levinas (who himself experienced the extreme contempt for Otherness that was the Holocaust)--how can we make it impossible to annihilate the Other? How can we find a way of thinking (and writing) that lets the Other be? The texts I am interested in-Native American life stories edited by, or written in collaboration, with a non-Native-pose a definitional problem. They often are categorized as autobiography, and share many of the characteristics of autobiography-a first person narration of the story of an individual\u27s life. Historically, though, they have been created by two people-one White, one Native American.? While such bicultural texts may range from the literary right across to the anthropological, there is one thing they share in common: the claim that this is a representation of an Indian speaking. 4 For purposes of utility, I have labeled such personal narratives, written with a non-Native collaborator, as Native American life stories
Native American Life Stories And Authorship : Legal and Ethical Issues
No full textJuridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as ownership and authorship. Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind\u27s eye two figures-Emmanuel Levinas, the philosopher, and Coyote, the trickster. Both remind me of the dangers of paradigms and the difficulty of my task. Levinas reminds me that paradigms are guilty of irresponsibility and tend to destroy Otherness. Coyote reminds me that paradigms are meant to be broken in the name of fluidity and freedom. Keeping their admonitions in mind, I will attempt the delicate task of proposing an answer via the route of the master paradigm that is the law. It is well known that Native Americans have suffered legally sanctioned appropriation of property rights in genocidal proportions. But there is one area of property law that has yet to be explored in any detail-intellectual property rights of Native American life stories. When such life stories are, as often happens, written in collaboration with a non-Native editor, translator, or transcriber, the commodification and objectification of the Other becomes a real possibility. This hazard of appropriation is always present when a text is the product of two unequally powerful cultures. Collaborations also raise some thorny issues in copyright, since the law is uneasy with the concept of multiple authors for a single work. In grappling with some of the legal and ethical issues raised by collaborative life stories, I first describe the various legal options currently available for intellectual property rights in collaborative texts. Secondly, I explore the moral and ethical dimensions at stake in the categories of authorship and ownership of Native American life stories. Finally, I suggest some ways to legitimate the human rights underlying the property rights in Native American life stories by rethinking the category of author in relation to Native American cultural patrimony. I propose that collaborators should always contractually provide that the Native American subject retain copyright in his or her own life story. Throughout, I will keep at the forefront a central issue raised by the Jewish philosopher Emmanuel Levinas (who himself experienced the extreme contempt for Otherness that was the Holocaust)--how can we make it impossible to annihilate the Other? How can we find a way of thinking (and writing) that lets the Other be? The texts I am interested in-Native American life stories edited by, or written in collaboration, with a non-Native-pose a definitional problem. They often are categorized as autobiography, and share many of the characteristics of autobiography-a first person narration of the story of an individual\u27s life. Historically, though, they have been created by two people-one White, one Native American.? While such bicultural texts may range from the literary right across to the anthropological, there is one thing they share in common: the claim that this is a representation of an Indian speaking. 4 For purposes of utility, I have labeled such personal narratives, written with a non-Native collaborator, as Native American life stories
The Poetics of Evidence: Some Applications From Law & Literature
No full textEvidence thus has force beyond any linear scheme of reasoning, and as its pieces come together a narrative gains momentum, with power not only to support conclusions but to sustain the willingness of jurors to draw the inferences, whatever they may be, necessary to reach an honest verdict .... Thus, the prosecution may fairly seek to place its evidence before the jurors, as much to tell a story of guiltiness as to support an inference of guilt .... A syllogism is not a story, and a naked proposition in a courtroom may be no match for the robust evidence that would be used to prove it. The above quotations seem astonishing at first glance. The Supreme Court, in the process of analyzing the 403 balancing test under the Federal Rules of Evidence, appears to be moving beyond a simple rationalist tradition by acknowledging the legitimacy of evidence that is beyond any linear scheme of reasoning. Even the most jaded legal reader must pause at such a phrase in a Supreme Court opinion. What could lie beyond linear reasoning? (Elliptical reasoning, perhaps?) What kind of force will such evidence have? (Emotional force, rather than logical force? The aesthetic force of a well-constructed narrative?) And what in heaven\u27s name is the Supreme Court doing by speaking approvingly of a prosecutor\u27s right to tell a story of guiltiness ? This sounds suspiciously as if the prosecutor is a creative fiction writer, rather than a rational, scientific presenter of proofs. Why not employ more sober, judicious phrasing, perhaps something along the lines of the right to present the evidence from which jurors could logically infer guilt ?But perhaps all this is not so astonishing after all. In Old Chief Justice Souter\u27s majority opinion underscores the importance of storytelling and narrative integrity as factors worthy of consideration in a 403 balancing of probative value versus prejudicial effect. And, of course, we get it. Evidentiary alternatives, such as stipulations, may be perfectly good evidence, but bad storytelling. We understand that the right to tell a richly detailed story at trial is crucial in persuading a jury. A good, juicy story is more than a match for a logical, dry syllogism any day. So what else is new? There has, in fact, always been a profound connection, a synergy between storytelling and law. There is a similar (although often unacknowledged) synergy between evidence and law and literature scholarship.In the same way that the Supreme Court\u27s comments on the role of narrative in Old Chief may at first strike us as perhaps radical or new, but then seem familiar, so, too, the affinities between evidence scholarship and the law and literature movement, which may at first seem tenuous, are in fact robust. The question is not so much whether there is a poetics of evidence, but rather, of what does it consist? This essay will suggest some possibilities for ways to begin thinking about a poetics of evidence, and attempt to make explicit some already implicit connections between evidence and law and literature.First, I will briefly define poetics, characterizing it generally as a form of narratology, or a particular interest in the techniques of story. Second, I will provide an overview of some of the existing evidence scholarship, which draws on literary theory or storytelling, and include some suggestions for future scholarship advancing a poetics of evidence. Third, I will borrow a page from the law as literature school, and read the Federal Rules of Evidence as a story. By reading the statute as a narrative (and looking at familiar material with new eyes), I hope to advance the ongoing scholarly conversation concerning how to interpret the Federal Rules. I argue that identifying potential themes and plots in the Rules can assist us in imagining interpretive possibilities for this sometimes vexing statute. In particular, identifying the thematic heart of the rules assists us in envisioning a certain kind of interpretive argument: an argument for flexibility and organic growth of evidence law, and a reminder to think of the Rules holistically
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Harry Potter Goes to Law School
No full textBook: The Law and Harry Potter
This volume considers the depiction of law and legal institutions in J.K. Rowling’s Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters use examples from the narratives to illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.https://scholarship.stu.edu/faculty_book_chapters/1013/thumbnail.jp
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The Socratic Screenplay: Law, Allegory and Science Fiction in John and Joyce Corrington\u27s Screenplays for The Omega Man and Battle for The Planet of The Apes
No full textThe law-oriented short stories and novels of lawyer/English professor John William Corrington are receiving increasing attention from legal scholars. However; no one has analyzed the science fiction screenplays he co-wrote with his wife, Joyce, from a legal perspective. This article analyzes two such screenplays and concludes that they are Socratic texts whose narrative structures and epistemological processes work in much the same way that the traditional participatory exchange works in law school. My analysis explores the links between law, allegory and science fiction as intersecting methods to imagine the possibilities for the future
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Law and Literature: Text and Theory
No full textFirst published in 1996. The first anthology of its kind in this dynamic new field of study, this volume offers students the best of both worlds-theory and literature. Organized around specific themes to facilitate use of the text in a variety of courses, the material is highly accessible to undergraduates and is suitable as well for graduate students and law students. The anthology includes important articles by key figures in the law and literature debate, and presents seven thematically arranged sections that:Survey the various theoretical perspectives that inform the relationship of law and literatureExamine the interplay of ethics, law, and justice * Highlight the great scope and variety of the law\u27s contributions to the creation of a world view * Illustrate various legal approaches to punishment * Detail and analyze the law\u27s inherent capacity for the oppression of individuals and groups * Demonstrate that law is grounded in language and storytelling * Show that despite its solemnity, the law has a comic sideEach section includes excerpts from poetry, drama, fiction, and nonfiction. The excerpts include writings addressing the law\u27s impact on the outsider (women, Native Americans, Hispanics, African Americans, and homosexuals), as well as writings by lawyers, judges, and law professors, giving the reader an insider\u27s view of the legal system. The selections range from Plato to John Barth and Wallace Stevens. At this time of increased interest in the quality of legal writing, this course material illustrates the importance of language, word choice, metaphor, and narrative. It demonstrates the practical application of literary effects, techniques, and devices, and provides valuable insights into law as a vital component of the social fabric.https://scholarship.stu.edu/faculty_books/1002/thumbnail.jp
The Socratic Screenplay: Law, Allegory and Science Fiction in John and Joyce Corrington\u27s Screenplays for The Omega Man and Battle for The Planet of The Apes
No full textThe law-oriented short stories and novels of lawyer/English professor John William Corrington are receiving increasing attention from legal scholars. However; no one has analyzed the science fiction screenplays he co-wrote with his wife, Joyce, from a legal perspective. This article analyzes two such screenplays and concludes that they are Socratic texts whose narrative structures and epistemological processes work in much the same way that the traditional participatory exchange works in law school. My analysis explores the links between law, allegory and science fiction as intersecting methods to imagine the possibilities for the future
Children\u27s Picture Books and the Rule of Law: The Jurisprudence of The Poky Little Puppy
No full textBook: Human Flourishing: The End of Law
Chapter Description:
In exploring the jurisprudence of the Poky Little Puppy, this article will first provide some brief background on children\u27s picture books and the publication history of The Poky Little Puppy (including its long-running best-seller status, its place within the Little Golden Books publishing imprint, and a summary of the plot and illustrations). Second, this article will interrogate the jurisprudence of the text, including analysis of the text\u27s construction of responsible citizens and its sometimes puzzling message about the nature of rights and duties under the rule of law. Finally, we will conclude by exploring the relationship between law and love in the text. The dialogic possibilities inherent in the way in which picture books are consumed (typically, an adult reads the picture book to a young child, in an act of loving engagement) means that stories about rules have potential to be part of an ongoing conversation about law and justice between adult and child.https://scholarship.stu.edu/faculty_book_chapters/1039/thumbnail.jp
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Breaking Bad Contracts: Bargaining for Masculinity in Popular Culture
No full textThis Article examines the award-winning television show, Breaking Bad, to illustrate how the idea of a contract in popular culture can become inflected with a style of retrograde masculinity. Deals in Breaking Bad take place in the classic contract imaginary, which resembles the classic Western shootout: two antagonists face each other down in a duel. The show interrogates the frontier thesis, with its links to the American Dream and dangerous masculinities, through the ruthless contracts of Walter White
Outrageous Virtue and the Spectacle of Prostitution: Dracula and the Contagious Diseases Acts
No full textBook: The Eyes of Justice: Seventh Round Table on Law and Semiotics
The general topic of this book, miscarried justice, is suggested by the title\u27s allusion to the sightlessness of the proverbial representation of justice. Viewpoints from several academic disciplines, e.g., philosophy, sociology, linguistics, criminal justice, literary criticism, and religious studies, are brought together with theories of law. This collection is not only interdisciplinary but cross-cultural as well. The common language is \u27legal semiotics\u27, in both a Peircean and non-Peircean idiolect. This collection is a rich, cross-referential research tool for investigators of law and semiotics in all its aspects.https://scholarship.stu.edu/faculty_book_chapters/1015/thumbnail.jp
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