Forty-five years of law and literature: reflections on James Boyd White’s The Legal Imagination and its impact on law and humanities scholarship

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ABSTRACTThis special section of Law and Humanities focuses on the 45th anniversary edition of James Boyd White’s The Legal Imagination: a book that was ground-breaking when it first appeared in 1973 (since it is generally credited as having initiated the ‘law and literature’ movement) and that remains a hugely important resource today. White’s approach to legal scholarship and education - reading law’s instruments, its rhetoric and concepts alongside, above, below and in-between literary works and criticism - opened up a new world of intellectual possibilities. Realization of these possibilities has come in the form of the growth and flourishing, not only of law and literature but also numerous other intersections of law and the humanities that owe a debt to White. This symposium brings together seven eminent scholars (and readers of The Legal Imagination) to reflect on the contribution that White’s book made and continues to make to law and humanities education and scholarship. In the order that their essays appear, the authors for this symposium are Elizabeth Mertz, Robert P. Burns, Matthew Anderson, Jack L. Sammons, Thomas D. Eisele, Linda L. Berger and Linda Ross Meyer.

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Click to increase image sizeClick to decrease image size Notes Twining, W. (1997) Law in Context: Enlarging a Discipline (Oxford, Oxford University Press). Twining, W. (1967) Pericles and the plumber. Inaugural Lecture, Belfast. Published in shortened form in Law Quarterly Review, 83, p. 396. Twining, W. (1994) Blackstone's Tower: The English Law School (London, Sweet and Maxwell). Twining, W. & Miers, D. (1976) How To Do Things With Rules (London, Weidenfeld & Nicolson). Twining, W. (1980) Goodbye to Lewis Eliot: the academic lawyer as scholar. Presidential Address, Society of Public Teachers of Law, Journal of the Society of Public Teachers of Law, 15, pp. 2–19. See Twining, W. (1998) Imagining Bentham, Current Legal Problems, pp. 1–36; Twining W. (1989) Reading Bentham (Maccabean lecture), LXXV Proceedings of the British Academy, pp. 97–141; Twining, W. (1999) Jeremy Bentham and general jurisprudence (First Eckhoff Memorial Lecture), Tidsskrift for Rettsvitenskap, 112, pp. 381–407. See e.g. Twining, W. (1973) Karl Llewellyn and the Realist Movement (London, Weidenfeld & Nicolson); Twining, W. (1968) The Karl Llewellyn Papers (Chicago, University of Chicago Law School; Twining, W. (1993) Karl Llewellyn's unfinished agenda: law in society and the job of juristic method, Chicago Papers in Legal History, 1993. Twining, W. (2002) The Great Juristic Bazaar (London, Ashgate). Twining, W. (2000) Globalisation and Legal Theory (London, Butterworth); Twining, W. (2009) Implications of globalisation for legal scholarship, in: A. Halpin & V. Roeben (Eds) Theorising the Global Legal Order (Oxford, Hart), pp. 39–59; Twining, W. (2005) Have concepts, will travel: analytical jurisprudence in a global context, International Journal of Law in Context, 1, pp. 5–40. Twining, W. (2007) General jurisprudence, University of Miami International and Comparative Law Review, 15, pp. 1–59; Twining, W. (1996) General and particular jurisprudence – three chapters in a story, in: S. Guest (Ed.) Legal Positivism Today, (Aldershot, Dartmouth), pp. 119–146; Twining, W. (2009) General Jurisprudence: Understanding Law from a Global Perspective (Cambridge, Cambridge University Press). Twining, W., Kamenka, E. & Summers, R. (1986) Sociological Jurisprudence and Realist Theories of Law (Berlin, Duncker and Humblot). Twining, W. (2009) Institutions of law: globalization, non-state law and legal pluralism, in: M. Del Mar & Z. Bankowski (Eds) Law as Institutional Normative Order (London, Ashgate); Twining, W. (2009) Normative and legal pluralism (Bernstein Lecture), Duke Journal of Comparative and International Law, 20, pp. 473–517. Twining, W. (1964) The Place of Customary Law in the National Legal Systems of East Africa (Chicago, University of Chicago Law School). Twining, W. (2008) Surface law, in: H. Petersen, K.L. Kjaer & M.R. Madsen (Eds) Paradoxes of European Legal Integration (Ashgate, Aldershot). Twining, W. (1989) Reading law (Seegers Lectures), Valparaiso Law Review, 24, pp. 1–33. Twining, W., N. Gold, & MacKie (1989) Learning Lawyers' Skills (London, Butterworth). Twining, W. (1991) Lawyers' stories, in: R. Kevelson (Ed.) Action and Agency (New York, P. Lang), pp. 317–389. Twining, W., Anderson, T. & Schum, D. (2005) Analysis of Evidence, 2nd ed. (Cambridge, Cambridge University Press). Twining, W. (1980) Debating probabilities, Liverpool Law Review, 11, pp. 51–64. Twining, W. (1982) Taking facts seriously, in: N. Gold (Ed.) Essays on Legal Education (Butterworths, Toronto), pp. 51–76; Twining, W. (2007) Taking facts seriously again, in: P. Roberts & M. Redmayne (Eds) Teaching legal Scholarship (Oxford, Hart), pp. 65–86. Twining, W. (1986) Taking skills seriously, Commonwealth Legal Education Newsletter, No 43, Appendix. Reprinted in Journal of Professional Legal Education (1986) and Learning Lawyers Skills, op. cit.). Twining, W. & Quick, E. (1994) Legal Records in the Commonwealth (Aldershot, Dartmouth). Twining, W. & Uglow, J. (Eds) (1981) Legal Literature in Small Jurisdictions (Ottawa/London, Canadian Law Information Council & Commonwealth Secretariat). Twining, W. (2009) Punching our weight? Legal scholarship and public understanding (The SLS Centenary Lecture), Legal Studies, 29, pp. 519–533. Twining, W. (1983) Law for Non-Lawyers: Some Preliminary Reflections (London, Commonwealth Secretariat). Twining, W. (1979) Legal education for all, in: D Mitchell (Ed.) Legal Studies and Legal Education for Non-Lawyers (Sydney, Butterworths), pp. 1–13. Twining, W. (1987) The camel in the zoo, in: I. Shivji (Ed.) The Limits of Legal Radicalism (Dar es Salaam, Faculty of Law, University of Dar es Salaam). Twining, W., O'Donovan, K. & Paliwala, A. (1970) Ernie and the centipede, in: A. Jolowicz (Ed.) The Division and Classification of the Law (London, Butterworths). Twining, W. 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Return to the Valley of the Dolls
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  • Research Article
  • 10.4013/rechtd.2020.121.01
Private Troubles and Legal Imagination: Legal Clinics a Radical View
  • Apr 16, 2020
  • Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito
  • Emilio Santoro

The success of legal clinics is mainly due to the idea that they can give a professionalizing connotation to the degree courses in law, while the evocation of the realist tradition, of law in action, and the reference to social justice seem relegated to the mere function of a legitimising myth. Only if characterized by a precise theoretical option that clearly distinguishes normative text from norm and identifies the hiatus between the two as the space of the jurist, can legal clinics be at the heart of a radical change in legal education. Even the orientation towards social justice is not implicit in any clinical experience. Only by configuring a legal clinic as a laboratory for students to learn how to use legal fantasy to transform the private troubles of marginalized people into claims that can be brought before a judge, does the clinic contribute to these individuals’ access to justice.

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Imaginative legal education and the rule of law
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  • Marta Dubowska

In this paper, I develop the groundwork for an imaginative legal education, drawing on historical works of literary and legal studies. After describing the role of the creative imagination (contrasted with repetitive fancy), I turn to imaginative arguments in legal discourse, arguing that they develop law understood multidimensionally – as a form of life and meaning. Although well recognized in theory, the role of imaginative legal education is not systematically applied in continental European educational practice. I take it to be a result of a doctrinal and a detached approach to jurisprudence in European law schools. The doctrinal criticism of interdisciplinary legal education draws on the worry that law, seen as a result of imaginative work is not objective, and thus as contradicting the ideal of the rule of law. In my view, it is exactly legal imagination that, if properly used, guarantees basic rights and secures social expectations in a democratic society.

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Response
  • Oct 1, 2022
  • Victorian Studies
  • Elizabeth Carolyn Miller

Response Elizabeth Carolyn Miller (bio) Let me begin by expressing gratitude to the editors of Victorian Studies for dedicating this review forum to Extraction Ecologies and the Literature of the Long Exhaustion (2021) and for the invitation to reflect on my project in response to and in dialogue with these three reviews. I also want to express my thanks to the reviewers for the time they have spent with my book and its arguments. As a scholar I have learned and benefited from the work of these three critics, and it is a privilege now to be in the position to respond to their responses to my work. Written scholarship is at its most interactive in forums such as this, and from 2020 to 2022, interaction has been a resource in short supply, so I am all the more grateful for the exchange.1 Extraction Ecologies is a study of the rise of industrial extraction and of the ways in which the industrialization of underground resource extraction interacted with literary form and genres from the 1830s to the 1930s. This is the book's particular contribution, but the book is also, more broadly, a prehistory of the literature and culture of climate change and the Anthropocene, one that is intended to explore the roles of language and culture, of genre and discourse, in extenuating and, sometimes, mitigating the environmental degradations of extractive industry and imperial extractivism. How can humanities scholarship possibly intervene in environmental catastrophes of such long duration and awful extent? Contemplating such scales and degrees in the course of writing this book has certainly led me to a perspective of critical humility, which Extraction Ecologies expresses in part by establishing limits on what it attempts to achieve. And yet, in my view—and I presume most readers [End Page 450] of this forum will agree—humanities scholarship can and does work slowly and collaboratively to influence and change language and thought. In terms of this broader goal, Extraction Ecologies is one contribution among many: a book written at the precipice of a new era, feeling and thinking its way toward a new understanding of the modern world, in dialogue with other writers and critics in the environmental humanities. Even should the worst catastrophes be averted in the era to come—and I remain hopeful that they will, despite mounting evidence to the contrary—it is evident that we are living through a moment of acute social and environmental change. Much suffering is already happening; much is yet to come. A beast of some manner of roughness is slouching toward Bethlehem, and whether that roughness translates to two degrees or five degrees Celsius is yet to be determined. Critics witnessing the dawn of this base new world are perhaps inevitably drawn to reconsider the past that birthed this rough beast—including its literary histories. Narrative and discourse are, of course, central to the culture that has produced and been produced by the long exhaustion, to use my term from the book. Such a realization raises questions about the work of criticism: Have we been asking the wrong questions of literature? Has literary criticism been too apt to treat texts as immune from environmental concerns? Has it participated in the pernicious conceptual opposition between humans and nature that many environmental thinkers see at the root of modern ecological crises? Reading texts differently is surely no protection from wildfires, hurricanes, and wet-bulb temperatures, but the way we read texts is a symptom of and a guide for patterns of thought and perception, and it is remarkable, in this moment, to work one's way through a portion of the literary archive and to realize how little of the environmental knowledge of this archive has been reckoned with by critics at all. My book seeks to explore the epistemological and representational dimensions of extractivism, a term that I define in two ways: as, to use my book's words, a "complex of cultural, discursive, economic, environmental, and ideological factors related to the extraction of underground resources on a large, industrial scale" (6), and as, to use Naomi Klein's words, a "resource-depleting model," a "nonreciprocal, dominance-based relationship with the...

  • Research Article
  • 10.1353/lit.2006.0012
Cognitive Science, Literature, and the Arts: A Guide for Humanists (review)
  • Feb 20, 2006
  • College Literature
  • Claiborne Rice

Reviewed by: Cognitive Science, Literature, and the Arts: A Guide for Humanists Claiborne Rice Hogan, Patrick Colm . 2003. Cognitive Science, Literature, and the Arts: A Guide for Humanists. London and New York: Routledge. $85.00 hc. $19.95 sc. 244 pp. The cognitive revolution that has affected so many areas of contemporary thought is currently capturing literary studies as part of its stronghold. In addition to the many popular cognitive scientists who have extended the discipline's reach into the literary mind, like Steven Pinker or George Lakoff, we have begun to see an impact on current literature and also literary criticism. Patrick Colm Hogan's aptly named book, Cognitive Science, Literature, and the Arts: A Guide for Humanists, is a solid introduction to the growing range of artistic forms and functions amenable to explanation in the cognitive sciences. For many years now, Hogan has been a prolific scholar of literature who is fully conversant with what we have come to call "theory." His many books and articles rewardingly engage highly theorized sub-topics within literary studies, such as influence, social and cultural identity, professionalism, law, and colonialism, from a serious philosophical, psychoanalytic, and, now, cognitive scientific perspective. Like all of Hogan's work, the current volume is significantly informed by his easy familiarity with the literature, art, and philosophy of many distinct non-Western traditions. The book argues for the cognitive study of the arts because of the benefits such study offers to both the humanities and the cognitive sciences. Specifically, the issues familiarly addressed by humanists (Hogan's term for [End Page 242] humanities scholars) are rarely treated effectively by neurobiologists or psychologists who see in certain instances of art fodder for their own pet theories. Only practicing humanists comprehend the complexity and range of humanities questions and, as such, can be expected to see how what we are beginning to learn about functions of the mind and body can best be applied to humanistic concerns. Such complexity and range in turn challenges cognitive scientists to refine their models and methods. The book's opening chapter, "My Favorite Things," introduces the procedural model that a cognitivist approach to art suggests by analyzing the form of John Coltrane's famous version of the tune "My Favorite Things." Though much less is known specifically about how humans process music than, say, vision, music is a good place to start because it avoids some of the issues of "meaning" that language processing entails. In the course of introducing readers to certain basic concerns of cognitive science, such as short- and long- term memory structures, segmentation, and structuration, he also offers explanations of basic art appreciation issues like boredom, improvisation, and listener variability. Chapter two, "Is It Cognitive Science Yet?", moves on to a lengthier discussion of elements of cognitive science theory that will play a role in all of the analyses to follow. He introduces an overall framework of cognitive science approaches that helps guide the reader through the labyrinth of technical terminology. Briefly, three stages of analysis pertain to any cognitive science approach to a problem: conceiving of the problem in terms of information processing, specifying the exact steps (an algorithmic sequence) that will lead from input to output, and identifying the cognitive architecture that will be necessary for dealing with the problem. Cognitive architecture, in its turn, is understood as having three separate components: structures, processes, and contents. Structure refers to "the general organizational principles of the mind" (30), such as the distinction between long-term and short-term (working) memory. Content usually refers to representations or symbols that have specific locations in structures. Finally, processes are structurally constrained operations that are performed on contents. For example, our mental storehouse of words, the lexicon, is a substructure of our long-term memory system that provides structural links between individual words; the activation of one word primes, or prepares, many other words for access. The meanings of each word, in this view, are representational contents, and formulating a sentence for pronunciation would be a process that at some point involves accessing the lexicon to retrieve the phonemic profile for the appropriate words. Because of the complexities of mental contents and...

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