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8 - Ivan Klima's Judge on Trial

Published online by Cambridge University Press:  29 September 2009

Ian Ward
Affiliation:
University of Sussex
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Summary

What unites all law and literature scholars is the belief that literature impresses upon us a sense of textual contingency. Such texts can be at once social, historical, political and ethical as well, of course, as literary. In other words, literary texts offer legal scholars a contextual window, and it is the purpose of this chapter to suggest that Ivan Klima's Judge on Trial presents precisely such a window. Through this window Klima presents not merely a catalogue of twentieth-century jurisprudence – at various points in the narrative, through his central character the lawyer Adam, Klima considers the whole gamut of legal theories, natural law, positivism, Kantianism and critical legal theory – but at the same time does so in the particular context of the modern novel and its portrayal of legal situations. The central themes of the novel, culminating in that of the alienated individual, makes Judge on Trial a suitable text for an investigation of many of the issues introduced in the previous chapter. Alienation, or the ‘politics of exclusion’, is the problem of the ‘human condition’, which Richard Weisberg has placed at the root of the modern novel's treatment of the ‘legal protagonist’, and which he suggests derives originally from Nietzsche and Heidegger. It is, of course, the alienation which George Steiner famously suggested had culminated in the ‘long and precise imagining’ represented by the Holocaust.

Type
Chapter
Information
Law and Literature
Possibilities and Perspectives
, pp. 157 - 171
Publisher: Cambridge University Press
Print publication year: 1995

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  • Ivan Klima's Judge on Trial
  • Ian Ward, University of Sussex
  • Book: Law and Literature
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511519260.009
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  • Ivan Klima's Judge on Trial
  • Ian Ward, University of Sussex
  • Book: Law and Literature
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511519260.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Ivan Klima's Judge on Trial
  • Ian Ward, University of Sussex
  • Book: Law and Literature
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511519260.009
Available formats
×