Publication details
Hnutí Právo a literatura koncem 20. a na počátku 21. století
| Title in English | Law and Literature Movement in the late 20th and early 21st century |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | This monography is based on author's doctoral thesis and its main purpose is to answer question, whether there is still any practical significance of theoretical legal movement Law and literature. The main contribution of this movement is usually seen in legal interpretation and argumentation, therefore, the thesis will be focused on these issues. In particular, use of citations of literary fiction in Czech legal decisions will be analysed. The first part will include a brief overview of Law and Literature movement. Then a plausible model of ideal citation of literary fiction in legal reasoning of the Czech legal decision will be proposed. Subsequently, a case study of the relevant Czech judicial decisions will be provided. Obtained findings will be compared with the model. In the following part, author will address legal, sociological and psychological aspects of the use of literary fiction in legal reasoning in the context of the findings of the case study. Special emphasis will be placed on the link between legal awareness and use of literary citations. These results will be then in the final part used as a basis for reflection de lege ferenda on the effective use of literary fiction in legal reasoning in order to achieve its optimal persuasiveness. |