By Thomas Oliver Beebee
Between Western literatures, basically the German-speaking nations can boast a listing of world-class writers corresponding to Goethe, Hoffmann, Kleist, Kafka, Schmitt, and Schlink who have been informed as criminal students. but this checklist in basic terms tricks on the complicated interactions among German legislation and literature. it may be supplemented, for instance, with the original interventions of the felony procedure into literature, starting from makes an attempt to shop literature from the tidal wave of Schund (pulp fiction) within the early 20th century to audiences suing theaters over the wrong creation of classics within the twenty-first. The lengthy record of circumstances the place German literature cites legislations, or the place German legislation serves literature as a precedent, sign the dream of German tradition of a team spirit of pursuits and ambitions among spheres of job. but the very power of this dream stems from genuine historic and social methods that more and more autonomize and separate those domain names from one another. Beebee examines the historical past of this dialectical rigidity via shut readings of various circumstances within the smooth period, starting from Grimm to Schmitt. Read more...
summary: between Western literatures, in basic terms the German-speaking international locations can boast an inventory of world-class writers comparable to Goethe, Hoffmann, Kleist, Kafka, Schmitt, and Schlink who have been expert as felony students. but this checklist purely tricks on the advanced interactions among German legislations and literature. it may be supplemented, for instance, with the original interventions of the criminal process into literature, starting from makes an attempt to save lots of literature from the tidal wave of Schund (pulp fiction) within the early 20th century to audiences suing theaters over the flawed construction of classics within the twenty-first. The lengthy checklist of situations the place German literature cites legislation, or the place German legislations serves literature as a precedent, sign the dream of German tradition of a team spirit of pursuits and pursuits among spheres of job. but the very energy of this dream stems from genuine ancient and social techniques that more and more autonomize and separate those domain names from one another. Beebee examines the historical past of this dialectical stress via shut readings of various instances within the glossy period, starting from Grimm to Schmitt
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Additional resources for Citation and precedent : conjunctions and disjunctions of German law and literature
Nevertheless, within such an approach there is both room and necessity for the appreciation of individual accomplishment – in the analysis of how a particularly influential translation rewrites its original, for example. An example of the rigidly monist position might be Stanley Fish’s Is There a Text in This Class? (1980), which denies the independence of texts apart from their ideational appropriation by ‘interpretive communities’, without doing the historical or sociological spadework of determining how such communities form and are transformed.
The law observes the economy through a legal ruling on price control […] What was an ambitious piece of external regulation becomes mere self-observation’ [Teubner, Law as an Autopoietic System, 77]. At the same time, the economic system also performs an act of self-observation, seeing the input from law in its own terms. (Witteveen, ‘The Hidden Truth of Autopoiesis’, 650–51) Here the empirical facts do bear out the truth of autopoiesis: lawyers and legislators do not actually ‘freeze’ the prices – which after all never include lawyers’ fees or politicians’ compensation.
Coupling’ is the method by which 6 A classic brief review of the narrowing of literature in English from literacy in general to works of high culture is given by Raymond Williams in Keywords (183–8). 7 According to Bernd Hornung, structural coupling makes cooperation and co-evolution possible between systems, thus permitting the system to construct its own internal information and to make sense of what is going on. [… A] kind of communication becomes possible, analogous to when two humans, who do not understand each other’s language, start to act, to interact, to develop regular patterns of interaction – even of linguistic interaction, albeit at a rudimentary level.
Citation and precedent : conjunctions and disjunctions of German law and literature by Thomas Oliver Beebee