LAW AND LITERATURE

Prof. D. A. Hughes Capital University Law School Spring 2003

Law and Literature is a two hour seminar that satisfies the "upperclass writing" requirement and the "perspectives" requirement. The primary focus of the course will be the reading of certain literary works with an eye toward methods of reading, interpretation, and understanding, toward images of self, other, and community, and toward concepts of law, fairness, and justice. We shall read The Odyssey, The Nibelungenlied, Hard Times, Brideshead Revisited, and Invisible Man (The first two works are, of course, in translation.) As accompaniment to the works listed above we shall read Charles Taylor's Sources of the Self and Martha C. Nussbaum's Poetic Justice.

As we discuss the texts, we will attempt to identify legal and moral themes in these works. One of the main topics of discussion will be the differences between our "modern" views of law, ethics, morality, history, psychology, etc. and those presented by the texts. We shall try to relate that difference to our thinking about the nature and function of law, about the interpretation of language and events, and about the definitions of justice, right action, the good life, etc.

Students will prepare a researched paper of between forty-five and fifty pages (exclusive of notes). In addition, students will be responsible for discussing the material covered in class. Class participation is required, and more than two unexcused absences may, at the discretion of the instructor, be reason to lower a student's grade in the course. I take as the main goals of the the upperclass writing requirement that students learn how to formulate a thesis for a scholarly paper and that they support the thesis with detailed argumentation. I do require, however, that whatever thesis a student does choose be substantially related to the materials and ideas covered in the course and that I approve the thesis before the student begins to write.

When students are preparing their papers under my supervision, I require not only that each student choose a thesis, create a very detailed outline of the arguments to be addressed, write a first draft in sufficient detail for me to be able to make comments and criticisms, and then produce a final version sufficient to satisfy the requirement--taking care to incorporate the comments and criticisms from the first draft, but I also require that students do so according to a fixed schedule. If a student does not meet each of these requirements in timely fashion as the semester progresses, no paper--no matter how superlative it might be on its own merits--will be sufficient to garner credit for the writing requirement from me. Further, very often the "final" version that a student turns in will still not meet my standards. This is especially true when the first draft was so poor that any comments or criticism were directed to purely formal considerations.

I will try to return all first drafts received by April 3d back to their authors by 5:00 p.m. on Monday, April 14th. This will allow just over 3 weeks for rewriting and editing before the final drafts are due, but remember that this will require you to be working on your final drafts during the examination period. My office is Room 456 in the library. My phone number is 236-6476 and my email is dhughes@law.capital.edu.

Please consult the following links for more information about writing a paper for me: Writing Information and Notes on Footnotes.

READING SCHEDULE

N.B. I require that each student have his or her own copy of each of the texts in class on the days the texts are to be discussed. (You do not, of course, have to buy the same editions as those in the bookstore -- other editions will suffice. But my advice to you is to purchase the editions in the bookstore, because over the years I have found it is easier on students when all have the same texts with the same pagination; this is all the more true in translations.)

1-9 (R) Charles Taylor, Sources of the Self, pp. Preface & Chs. 1-2.

1-16 (R) Homer, The Odyssey, Introduction and Books 1-12;
Charles Taylor, Sources of the Self, Chs. 3-4.

1-23 (R) Homer, The Odyssey, Books 13-24;
Charles Taylor, Sources of the Self, Chs. 5-7

1-30 (R) The Nibelungenlied, Chs. 1-18
Charles Taylor, Sources of the Self, Chs. 8-10.

2-6 (R) The Nibelungenlied, Chs. 19-39 and Introduction to Second Reading,
pp. 293-347; Charles Taylor, Sources of the Self, Chs. 11-12.

2-13 (R) ******* TENTATIVE TOPICS DUE IN CLASS*******
Charles Dickens, Hard Times, Introduction & Book I;
Martha C. Nussbaum, Poetic Justice, Preface & Chs. 1-2.

2-20 (R) Charles Dickens, Hard Times, Books II & III;
Martha C. Nussbaum, Poetic Justice, Ch. 3.

2-27 (R) Evelyn Waugh, Brideshead Revisited, Prologue and Book I.
Martha C. Nussbaum, Poetic Justice, pp. Ch. 4.

3-6 (R)   ******* FIVE PAGE PRECIS OF PAPER DUE IN CLASS*******
              Evelyn Waugh, Brideshead Revisited, Book II and Epilogue.
              Charles Taylor, Sources of the Self, Chs. 13-14.

3-13 (R) Ralph Ellison, Invisible Man, Intro. & Chs. 1-12;
Charles Taylor, Sources of the Self, Chs. 15-17.

3-20 (R) Ralph Ellison, Invisible Man, Chs. 13-25 & Epilogue
Charles Taylor, Sources of the Self, Chs. 18-19.

3-27 (R) Spring Break. No Class Meeting.

4-3 (R) *** FIRST DRAFTS DUE *** In Prof. Hughes's Office (456) at 6:00 p.m.

5-8 (R) *** FINAL DRAFTS DUE *** In Prof. Hughes's Office (456) at 6:00 p.m.