认真对待法律

William Gaddis
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引用次数: 0

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《他自己的玩笑》不仅是有史以来关于联邦民事诉讼规则的最好的小说....在这个时代,没有读过艾略特、叶芝、甚至华兹华斯的学生都声称拥有后现代主义批评的特权,威廉·加迪斯的《游园诗》可能是诱惑,也可能是纠正。如果它所发出的不连贯声音的咆哮漩涡,以及它关于法律可简化为语言的宣言得到错误的赞扬,并被屈就为后现代主义的特征,那么它将证明是具有诱惑力的。如果把它看作是一部受人祝福的老式现代主义小说,或者,更好的是,把它看作是一部对个人救赎(如果不是社会正义)的老式内心呐喊,看作一种尚未构建的价值,它将证明是正确的。更根本的是,作为一种能够表达愤怒、歇斯底里的幽默和难以理解的散文主张的语言艺术的展示,它将被证明是正确的。作为第一步,我将冒着最字面意义上天真的参照的风险:我会说这部小说是关于什么的。它讲的是一个名叫奥斯卡·克里斯的疯子,他和书中的其他人物一样,无法克服自己的信念,即司法系统是让他的渴望、信仰和正直要求得到认可的最佳媒介。正如奥斯卡的妹妹克里斯蒂娜(Christina)所观察到的那样,在书中,她对所有情绪过热的原告提出了甜美而悲惨的现实主义异议:“钱只是一个衡量标准,不是吗?”这是人们唯一能让别人像对待自己一样认真对待他们的共同参考。虽然根据克里斯蒂娜的说法,金钱可能是法律的货币,但这本书的信息是,法律本身是所有社会关系的贬值货币。任何在民事法庭工作过的人都知道,书记员办公室经常收到由
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Taking Law Seriously
A Frolic of His Own is not merely the finest novel ever written about the Federal Rules of Civil Procedure .... In an era when students who have not paid the dues of reading Eliot, Yeats, or even Wordsworth claim the privilege of postmodernist critique, William Gaddis's Frolic may prove temptation or corrective. It will prove temptation if its howling swirl of disconnected voices and its pronouncements about the reducibility of law to language receive false praise and are condescendingly characterized as postmodernist. It will prove corrective if viewed as a blessedly oldfashioned modernist novel, or, better yet, as an even older-fashioned cri de coeur for personal salvation, if not social justice, as a value still undeconstructed. Even more fundamentally, it will prove corrective as a display of linguistic art capable of anger, hysterical humor, and undeconstructable prose assertion. As a first step, I will risk naive referentiality in the most literal sense: I will say what the novel is about. It is about an insanely neurotic man named Oscar Crease who, like other characters in the book, cannot overcome his conviction that the justice system is the best medium for winning recognition of his yearnings, beliefs, and claims of integrity. As observed by Oscar's sister Christina, the sweetsouled and tragically realistic demurrer to all overheated plaintiffs in the book: "the money's just a yardstick isn't it. It's the only common reference people have for making other people take them as seriously as they take themselves,... Though money may be the currency of law according to Christina, the message of the book is that law itself is the debased currency of all social relationships. Anyone who has worked in a civil court knows that the clerk's office regularly receives pleadings filed by
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Taking Law Seriously How to Realize the Value of Stare Decisis: Options for following Precedent Jerome Frank, Lon Fuller, and a Romantic Pragmatism The Concept of "Religion The Riddle of Ruth Bryan Owen
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