The Research On Law And Literature From The Relationship Perspective

"What is Law and Literature" is the core issue that theorists continue to explore,but also constitute the fundamental problem of the Law and Literature theory research.As an emerging interdisciplinary research,first of all,Law and Literature needs to do is to prove its existence,and demonstrate its theoretical rationality and unique value.There are a lot of studies on Law and Literature,but still now there is not a generally acknowledged theoretic mode,or even whether it should be called a school which is still controversial in academic circles.This problem is not only one of the greatest theoretical barrier in the Law and Literature,but also the fundamental problem that attempts to answer in this paper.The full text is divided into seven chapters.Chapter 1 Introduction to propose the question and introduce the research writing question posing,present research situation and limitations of domestic and foreign,as well as the paper's logical structure and design reason.Its specificity and multi-faceted character of the decision to take the understanding of the path and way different from other law school.Due to the particularity and the multi-faceted characteristics of Law and Literature,we should take the understanding of the way different from other law school.The basic orientation of theoretical research on Law and Literature is set on the perspective of the relationship with other relevant law school.In this article,I select four types of relationships perspective,law and economics,law and sociology postmodern jurisprudence and legal education, they constitute the types of four Law and Literature theory,that is Law and Literature as anti-law and economics,as law and sociology,as postmodern jurisprudence and legal education,in order to answer "What is Law and Literature"Chapter 2 starts at an overview of the history of Law and Literature.Through the origin, development and change of Law and Literature,from Plato to postmodern period,this article shows the dynamic development process of the Law and Literature,but also continue to answer the relationship between law and literature.Reshape the development of Law and Literature,use of the dynamic relationship between "Law in Literature","Law as Literature",divided into three stages:Beginning,Establishment and Expansion.The transcendence of Law and Literature Dichotomy built on the premise that fully recognize to get rid of the myth of the Law and Literature division fatalism, and ultimately formation of the understanding of the integration of the Law and Literature.Through the analysis of Law and Literature academic history, this chapter focus on demonstrating the contradictions and confrontations between the division and integration of this area, showing the diversity and complexity of Law and literature theory,but also for the discussed below provides a theoretical background. Chapter 3 focuses on the first relationship perspective,that is,Law and Literature as anti-Law and Economics.Law and literature threw doubt on the hypothesis of economic man and constructed the notion of literature man.Such literature man reflects the basic idea of Law and Literature,even shape a new possibility for legal theories.The different of economic man and literature man reflects the basic conflict between discourse of literature and economics.The rising of discourse of literature not only show the position that negative jurisprudence,but also provide a new possibility for legal discourse.Chapter 4 discusses the second relationship perspective,that is, Law and Literature as Law and Sociology.The Post-Modern Historical View,as we have seen,broke through traditional Law and Sociology for general information,leaving the literary work into its scope. Unify ing under the Law and Sociology,Law and Literature with some kind of tool characteristics,which makes it to the form of tools integrated into the generalized Law and Sociology,which constitute the weakest sense of the Law and Literature.Authenticity is generally considered to be the only criterion for assessing the validity and effectiveness of a text in jurisprudential studies.Of literary works, fictional cases and real cases, authenticity might not be a valid or appropriate criterion for text form analysis. The three forms are different from one another, but are related to one another as well. The unique jurisprudential purpose, autognosis, task and meaning of each text form are expected to function and play a role in the respective systems.Chapter 5 explores the third relationship perspective,Law and Literature,as postmodern jurisprudence.To understand postmodern jurisprudence,is to grasp the basic spirit of postmodern philosophy, to take a especial understanding.Postmodern turn of jurisprudence.Postmodern philosophy,literary theory,the Critical Legal Studies Movement provides a rich theoretical resources for Law and Literature in the new period of development,makes after the contact of the postmodern with the Law and Literature more frequent and close.Subsequently,in the rest of this chapter focused on hermeneutic turn,imaginative reading and storytelling,that is to say,interpretation,reading and narrative,this three postmodern trends of Law and Literature.Chapter 6 turns to the last relationship perspective,Law and Literature,as legal education.This chapter settled Law and Literature theory in educational practice,to reiterate the educational purposes of the Law and Literature as the basic direction of induction and conclusion on the proposition of the many theories of Law and Literature.In the rest of this chapter makes a detailed comparative analysis of Law and Literature class.For example,the form and overview of the Law and Literature class,the classification and themes of Law and Literature class,Law and Literature class teaching purposes as well as Law and Literature class text selection and other aspects.This article further pointed out that help legal and ethical education,improve legal knowledge,update the mode of classroom teaching,Law and Literature class will be endowed with inspiring and creative teaching model to the domestic legal education.Chapter 7 provides a brief summary of the above research and outlook of the future prospects for the development of the Law and Literature in China.The development of Western Law and Literature to fix the basic theory of the direction of China's Law and Literature studies, the background of the modernization of the Chinese society in transition,the background of the rule of law in modern Chinese society determine the realistic dimension of the Chinese Law and Literature studies,and the deep traditional resources of Law and Literature constitute transcendent dimension of the Chinese Law and Literature studies.In the final conclusion part focuses on the inherent correlation of the type of four Law and Literature theory, that they will to some extent, to some form of participation to the theoretical construction of Law and Literature in the future.With the deepening of China's Law and Literature theory and legal education positions open up, Law and Literature will be gradually moving towards the second phase of development.Law and Literature will play a huge influence and role in the broader space.