"Kafka, Benjamin, Schmitt—that German-speaking writers and thinkers of the early 20th century are obsessed with 'the law' is well-known. Citation and Precedent widens our historical and conceptual perspective. Beebee reconstructs not only a dense intertextual network of law, literature, and philosophy that pervades German culture from Kant to Peter Weiss; he also shows that these crossings and borrowings are driven by the dream, or the nightmare, of a 'culture' capable of uniting law and life, codified norm and everyday reality. This is an excellent book." -- Andreas Gailus, Associate Professor of German, University of Michigan, USA

"Is systems theory (Luhmann) an effective tool for investigating the relationship of law and literature? In a series of subtle and imaginative readings of German-language texts and cultural history, Beebee shows how the autonomy and differentiation of systems allows for registering levels of law's and literature's mutual observation that more common theories of representation fail to capture. Especially fascinating are his analyses of Carl Schmitt's self-identification with Melville's Benito Cereno and Peter Weiss's play on the 1960s' Auschwitz trials." -- William Rasch, Professor, Department of Germanic Studies, Indiana University, USA

In the German tradition, law sometimes looks to literature to convey its decisions, and vice versa. Goethe, Hoffmann, the Grimms, Kleist, Kafka, and others were trained as legal scholars. Beebee (Penn State) explores interactions going beyond "mirror of justice" modality--a topos of literary texts from marriage, economics, and so on--to explain the interaction between law and literature in the German language. In the case of Herder, Hegel, Fichte, and the Grimms, historical and literary examples reveal how laws and legal systems conform to the standards of the people they regulate. By contrast, Goethe treads the legal paths with literary finesse, accommodating, for example, Kant's philosophy of marriage. Kafka, entangled by bureaucratic coded law, forces truth while withholding it in the juridical sense. In the Weimar period, critics like Rudolf Borchardt and Ernst Robert Curtius struggled to differentiate literature from party-political activity. Beebee considers the double and triple meanings of certain German words: Schuld (guilt/debts), Prozess (trial/process), Gewalt (power/ violence), Zensur (censorship/academic grades). Peter Weiss draws paradox out of Werte (values/valuables) in Investigation, a play about the Holocaust, creating a script for trials for which there is no official transcript and thus coupling literature with the legal world. Fine bibliography and index. Summing Up: Recommended. Upper-division undergraduates and above. --L. J. Rippley, St. Olaf College 

- Choice Magazine,

Among Western literatures, only the German-speaking countries can boast a list of world-class writers such as Goethe, Hoffmann, Kleist, Kafka, Schmitt, and Schlink who were trained as legal scholars. Yet this list only hints at the complex interactions between German law and literature. It can be supplemented, for example, with the unique interventions of the legal system into literature, ranging from attempts to save literature from the tidal wave of Schund (pulp fiction) in the early twentieth century to audiences suing theaters over the improper production of classics in the twenty-first. The long list of instances where German literature cites law, or where German law serves literature as a precedent, signal the dream of German culture of a unity of interests and objectives between spheres of activity. Yet the very vitality of this dream stems from real historical and social processes that increasingly autonomize and separate these domains from each other.Beebee examines the history of this dialectical tension through close readings of numerous cases in the modern era, ranging from Grimm to Schmitt.
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Acknowledgments1.1 Introduction 1.2 Subsystem or Public Sphere? 2.1 In Search of the Invisible Precedent: Grimm Writes to Savigny 2.2 Kant, Codification, and Goethe's Elective Affinities 3.1 A Recursive Process: Kafka's Law - and Ours 3.2 Walter Benjamin reads the Weimar Constitution 3.3 From Schiller to Schund: Zensur and the Canonization of Literature 3.4 German Literature Fights for its Rights: A Thick Description of an Incident of Weimar Literary Culture 4.1 Carl Schmitt and/as Benito Cereno 4.2 Citation as Second-Order Observation: Peter Weiss's The InvestigationConclusionWorks Cited
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"Kafka, Benjamin, Schmitt—that German-speaking writers and thinkers of the early 20th century are obsessed with 'the law' is well-known. Citation and Precedent widens our historical and conceptual perspective. Beebee reconstructs not only a dense intertextual network of law, literature, and philosophy that pervades German culture from Kant to Peter Weiss; he also shows that these crossings and borrowings are driven by the dream, or the nightmare, of a 'culture' capable of uniting law and life, codified norm and everyday reality. This is an excellent book." -- Andreas Gailus, Associate Professor of German, University of Michigan, USA
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Traces a history of the sometimes fraught relationship between German law and literature in the modern period, from Grimm to Schmitt.
Shows the sweep and power of the theme of law in German literature.
This series offers a forum for the publication of new works in all areas of German Studies (German, Austrian, and Swiss literature, culture, and cinema from any period). New Directions in German Studies welcomes proposals that offer a fresh perspective on any vibrant aspect of the field. A long and venerable tradition of "Germanistik" has been opened up in exciting ways in the past few decades. The series taps into that tradition and its growth into German Studies, reframing aspects of the discipline in light of concerns germane to these fields: German, Austrian, or Swiss national identity and aesthetics; historical approaches to German-language literature and cinema; the legacy of the Holocaust and its influence on aesthetics; politics and aesthetics; issues of canonization and periodization; the place of gender, queer, and postcolonial studies within German Studies; the aesthetics of exile; myth and national identity; cross-cultural dialogues and aesthetics; material culture; German-language aesthetics and globalization. New Directions in German Studies incorporates interdisciplinary approaches to the analysis of the rich intellectual and cultural histories of the German-speaking countries. The series showcases studies focusing on hitherto underrepresented authors, as well as projects that seek to reframe canonical works in light of new perspectives and methodologies.Editorial Board: Katherine Arens, Roswitha Burwick, Richard Eldridge, Erika Fischer-Lichte, Catriona MacLeod, Stephan Schindler, Heidi Schlipphacke, Andrew J. Webber, Silke-Maria Weineck, David Wellbery, Sabine Wilke, John Zilcosky
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Produktdetaljer

ISBN
9781628921243
Publisert
2014-05-29
Utgiver
Vendor
Bloomsbury Academic USA
Vekt
396 gr
Høyde
216 mm
Bredde
140 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
296

Om bidragsyterne

Thomas O. Beebee is Distinguished Professor of Comparative Literature and German, Penn State University, USA. He is the author of Millennial Literatures of the Americas, 1492-2002 (2008), Epistolary Fiction in Europe (1999), The Ideology of Genre: A Comparative Study of Generic Instability (1994) and Clarissa on the Continent: Translation and Seduction (1990). He is the Editor of the journal Comparative Literature Studies.