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Literary Studies and Human Flourishing (The Humanities and Human Flourishing)


The Humanities and Human Flourishing series publishes edited volumes that explore the role of human flourishing in the central disciplines of the humanities, and whether and how the humanities can increase human happiness. The contributors to this volume of essays investigate the question: what do literary scholars contribute to social scientific research on human happiness and flourishing? Of all humanities disciplines, none is more resistant to the program of positive psychology or the prevailing discourse of human flourishing than literary studies. The approach taken in this volume of essays is neither to gloss over that antagonism nor to launch a series of blasts against positive psychology and the happiness industry. Rather, the contributors reflect on how their literary research--work to which they are personally committed--might become part of an interdisciplinary conversation about human flourishing. The contributors' areas of research are wide ranging, covering literary aesthetics, book history, digital humanities, and reader reception, as well as the important "inter-disciplines" of gender and sexuality studies, disability studies, and black studies-fields in which issues of stigma and exclusion are paramount, and which have critiqued the discourse of human flourishing for its failure to grapple with structural inequality and human difference. Literary scholars are drawn more readily to the problematic than to the decidable, but by dwelling on the trouble spots in a field of inquiry still largely confined to the sciences, Literary Studies and Human Flourishing provides the groundwork for new and more productive forms of interdisciplinary collaboration and exchange.

Literatur und Justiz in der Weimarer Republik

by Klaus Petersen

Literatur und Recht: Formen und Prozesse gegenseitiger Vergegenständlichung (Literatur und Recht #1)

by Eric Achermann Andreas Blödorn Corinna Norrick-Rühl Petra Pohlmann

Literatur hat nicht selten Recht als ihren Gegenstand, und Recht regelt Literatur auf vielfältige Weise. Diese gegenseitige Vergegenständlichung, zusammengefasst unter dem Begriff der „Materialität“, geschieht in verschiedenen Formen und erfüllt unterschiedliche Funktionen. Daraus ergibt sich eine Fülle von Fragen zur normativen Qualität des Rechts und zu den kulturellen Reflexionsleistungen der Literatur. Der Band fragt daneben auch konkreter nach der Rechtsförmigkeit des Fiktiven, der narrativen Ordnung von Rechtstexten, der historischen Wandelbarkeit des Verhältnisses von Recht und Literatur oder den rechtlichen Bedingungen des Buchmarktes.​Dies ist ein Open-Access-Buch.

Literature and Intellectual Disability in Early Modern England: Folly, Law and Medicine, 1500-1640 (Routledge Studies in Renaissance Literature and Culture)

by Alice Equestri

Fools and clowns were widely popular characters employed in early modern drama, prose texts and poems mainly as laughter makers, or also as ludicrous metaphorical embodiments of human failures. Literature and Intellectual Disability in Early Modern England: Folly, Law and Medicine, 1500–1640 pays full attention to the intellectual difference of fools, rather than just their performativity: what does their total, partial, or even pretended ‘irrationality’ entail in terms of non-standard psychology or behaviour, and others’ perception of them? Is it possible to offer a close contextualised examination of the meaning of folly in literature as a disability? And how did real people having intellectual disabilities in the Renaissance period influence the representation and subjectivity of literary fools? Alice Equestri answers these and other questions by investigating the wide range of significant connections between the characters and Renaissance legal and medical knowledge as presented in legal records, dictionaries, handbooks, and texts of medicine, natural philosophy, and physiognomy. Furthermore, by bringing early modern folly in closer dialogue with the burgeoning fields of disability studies and disability theory, this study considers multiple sides of the argument in the historical disability experience: intellectual disability as a variation in the person and as a difference which both society and the individual construct or respond to. Early modern literary fools’ characterisation then emerges as stemming from either a realistic or also from a symbolical or rhetorical representation of intellectual disability.

Literature and Intellectual Disability in Early Modern England: Folly, Law and Medicine, 1500-1640 (Routledge Studies in Renaissance Literature and Culture)

by Alice Equestri

Fools and clowns were widely popular characters employed in early modern drama, prose texts and poems mainly as laughter makers, or also as ludicrous metaphorical embodiments of human failures. Literature and Intellectual Disability in Early Modern England: Folly, Law and Medicine, 1500–1640 pays full attention to the intellectual difference of fools, rather than just their performativity: what does their total, partial, or even pretended ‘irrationality’ entail in terms of non-standard psychology or behaviour, and others’ perception of them? Is it possible to offer a close contextualised examination of the meaning of folly in literature as a disability? And how did real people having intellectual disabilities in the Renaissance period influence the representation and subjectivity of literary fools? Alice Equestri answers these and other questions by investigating the wide range of significant connections between the characters and Renaissance legal and medical knowledge as presented in legal records, dictionaries, handbooks, and texts of medicine, natural philosophy, and physiognomy. Furthermore, by bringing early modern folly in closer dialogue with the burgeoning fields of disability studies and disability theory, this study considers multiple sides of the argument in the historical disability experience: intellectual disability as a variation in the person and as a difference which both society and the individual construct or respond to. Early modern literary fools’ characterisation then emerges as stemming from either a realistic or also from a symbolical or rhetorical representation of intellectual disability.

Literature and Meat Since 1900 (Palgrave Studies in Animals and Literature)

by Seán McCorry John Miller

This collection of essays centers on literary representations of meat-eating, bringing aesthetic questions into dialogue with more established research on the ethics and politics of meat. From the decline of traditional animal husbandry to the emergence of intensive agriculture and the biotechnological innovation of in vitro meat, the last hundred years have seen dramatic changes in meat production. Meat consumption has risen substantially, inciting the emergence of new forms of political subjectivity, such as the radical rejection of meat production in veganism. Featuring essays on both canonical and lesser-known authors, Literature and Meat Since 1900 illustrates the ways in which our meat regime is shaped, reproduced and challenged as much by cultural and imaginative factors as by political contestation and moral reasoning.

Literature and Medicine: A Practical and Pedagogical Guide

by Ronald Schleifer Jerry B. Vannatta

Literature and Medicine: A Practical and Pedagogical Guide is designed to introduce narrative medicine in medical humanities courses aimed at pre-medicine undergraduates and medical and healthcare students. With excerpts from short stories, novels, memoirs, and poems, the book guides students on the basic methods and concepts of the study of narrative. The book helps healthcare professionals to build a set of skills and knowledge central to the practice of medicine including an understanding of professionalism, building the patient-physician relationship, ethics of medical practice, the logic of diagnosis, recognizing mistakes in medical practice, and diversity of experience. In addition to analyzing and considering the literary texts, each chapter includes a vignette taken from clinical situations to help define and illustrate the chapter’s theme. Literature and Medicine illustrates the ways that engagement with the humanities in general, and literature in particular, can create better and more fulfilled physicians and caretakers.

Literature, Ethics, and Aesthetics: Applied Deleuze and Guattari

by S. Achilles

A conceptualization of the literary aesthetic for a concern for the Self.Bringing Gilles Deleuze and Félix Guattari's constructivist thinking into a practical domain, Sabrina Achilles rethinks the ways in which literature is understood and taught.

Literature, Interpretation and Ethics

by Colin Davis

Literature, Interpretation and Ethics argues for the centrality of hermeneutics in the context of ongoing debates about the value and values of literature, and about the role and ethics of literary study. Hermeneutics is the endeavor to understand the nature of interpretation, as it poses vital questions about how we make sense of works of art, our own lives, other people and the world around us.The book outlines the contribution of hermeneutics to literary study through detailed accounts of role of interpretation in the work of key thinkers such as Martin Heidegger, Hans-Georg Gadamer, Paul Ricoeur, Umberto Eco, Jacques Derrida and Emmanuel Levinas. It also illustrates problems of interpretation posed by specific literary texts and films, emphasising how our interpretive acts also entail ethical engagements. The book develops a ‘hermeneutics of (guarded) trust’, which calls for attention to the agency of art without surrendering critical vigilance.Through a series of forays into theoretical texts, literary works and films, the book contributes to contemporary debates about critical practice and the cultural value. Interpretation, it suggests, is always fallible but it is also essential to our place in the world, and to the importance of the humanities.

Literature, Interpretation and Ethics

by Colin Davis

Literature, Interpretation and Ethics argues for the centrality of hermeneutics in the context of ongoing debates about the value and values of literature, and about the role and ethics of literary study. Hermeneutics is the endeavor to understand the nature of interpretation, as it poses vital questions about how we make sense of works of art, our own lives, other people and the world around us.The book outlines the contribution of hermeneutics to literary study through detailed accounts of role of interpretation in the work of key thinkers such as Martin Heidegger, Hans-Georg Gadamer, Paul Ricoeur, Umberto Eco, Jacques Derrida and Emmanuel Levinas. It also illustrates problems of interpretation posed by specific literary texts and films, emphasising how our interpretive acts also entail ethical engagements. The book develops a ‘hermeneutics of (guarded) trust’, which calls for attention to the agency of art without surrendering critical vigilance.Through a series of forays into theoretical texts, literary works and films, the book contributes to contemporary debates about critical practice and the cultural value. Interpretation, it suggests, is always fallible but it is also essential to our place in the world, and to the importance of the humanities.

The Literature of Terrorism: A Selectively Annotated Bibliography

by Edward F. Mickolus

Product information not available.

Litigants in Person and the Family Justice System

by Jessica Mant

This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales.Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

Litigants in Person and the Family Justice System

by Jessica Mant

This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales.Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

Litigants in Person in the Civil Justice System: In Their Own Words

by Dr Kate Leader

Why do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

Litigants in Person in the Civil Justice System: In Their Own Words

by Dr Kate Leader

Why do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

by Melissa Milewski

As a result of the violence, segregation, and disfranchisement that occurred throughout the South in the decades after Reconstruction, it has generally been assumed that African Americans in the post-Reconstruction South litigated few civil cases and faced widespread inequality in the suits they did pursue. In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts. Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period. Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination--and the choices black litigants had to make to get their cases heard.

Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

by Melissa Milewski

As a result of the violence, segregation, and disfranchisement that occurred throughout the South in the decades after Reconstruction, it has generally been assumed that African Americans in the post-Reconstruction South litigated few civil cases and faced widespread inequality in the suits they did pursue. In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts. Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period. Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination--and the choices black litigants had to make to get their cases heard.

Litigating Climate Change in the Global South

by Jacqueline Peel Jolene Lin

While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

Litigating Climate Change in the Global South

by Jacqueline Peel Jolene Lin

While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

Litigating Federalism: The States Before the U.S. Supreme Court (Contributions in Legal Studies)

by Bill Swinford Eric N. Waltenburg

Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context.After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

Litigating Health Rights: Can Courts Bring More Justice to Health? (Human rights practice series #3)

by Alicia Ely Yamin

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Litigating Health Rights: Can Courts Bring More Justice to Health? (Human rights practice series)

by Alicia Ely Yamin

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Litigating in the Shadow of Death: Defense Attorneys in Capital Cases

by Welsh S. White

"Anyone who cares about capital punishment should read this compelling, lucid account of the obstacles defense attorneys face and the strategies they adopt." --John Parry, University of Pittsburgh School of Law "With its compelling narratives of cases, strategies, and ethical dilemmas, Litigating in the Shadow of Death is difficult to put down. . . . This pathbreaking book encapsulates the experience of the most respected capital defenders in America and shows how they save even the worst of the worst from execution. It also shows how sleeping and otherwise incompetent lawyers bring death sentences to their clients. Litigating in the Shadow of Death explores the lawyers' tasks at every stage of the criminal process--investigation, client interviewing, conferring with victims' families, plea bargaining, trial, appeal, and post-conviction proceedings." --Albert W. Alschuler, Julius Kreeger Professor of Law and Criminology, University of Chicago "A unique and profoundly important contribution to the literature on the death penalty. White allows the leading capital defense attorneys to speak in their own voices. His work reveals a new source of arbitrariness in the death system--whether the penalty is imposed turns more on who is your lawyer than on how evil was your deed or your character. Litigating in the Shadow of Death offers concrete guidelines for better lawyering, protection of the innocent, and understanding the artistry of the best capital attorneys. This is vivid, gripping stuff." --Andrew Taslitz, Professor of Law, Howard University "A most illuminating book by a splendid writer and an eminent critic of the capital punishment system." --Yale Kamisar, Professor of Law, University of San Diego "Welsh White has written another excellent book on the death penalty--this one on how defense attorneys in capital cases successfully prevent the state from executing their clients. Based on original research, Litigating in the Shadow of Death is informative and insightful. This is a book that all serious students of American capital punishment must read." --Richard Leo, University of California, Irvine Welsh S. White was Bessie McKee Walthour Endowed Chair and Professor of Law at the University of Pittsburgh.

Litigating Judicial Selection

by null Herbert M. Kritzer

In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

Litigating Morality: American Legal Thought and Its English Roots

by Alice Fleetwood Bartee Wayne C. Bartee

This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a critical variable approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys.Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights (Rights of Englishmen) in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

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