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        법을 넘어서 : 문학 속의 법의 술어 Reflections of the Law in Literature

        최경도 한국현대영미소설학회 2000 현대영미소설 Vol.7 No.1

        Law and literature were dealt with in separate academic fields. But with the emergence of the law and literature movement that began in the early seventies in America, the relations between the two fields have been actively explored. The convergence of the two fields, however, is largely attributed to the decline of law and literature as autonomous scholarly disciplines. Along with this, there are other reasons that law and literature are to be studied together. Law is a frequent subject of literature, while many forms of legal writings have a literary character. In particular, law and literature have a common ground in their relation to language, text, and interpretation. Both legal and literary scholarships are concerned with the meaning of texts, so interpretation becomes a major issue in each field The task of the law and literature movement, then, is divided into two parts: "law in literature" and "law as literature." "Law in literature" is primarily concerned with literary works that examine the representation of law. As a symbol of conflict in human life, law has been a familiar subject in literature where the basic elements of life are emphasized By contrast, "law as literature" has a premise that law is already literature, and that literary theory and method can be applied to the interpretation of legal texts. That law depends on literature is most visible in the legal practice where narrative-storytelling-plays a crucial role. Treating law as narrative is to consider law as the expression of concrete facts rather than abstract rules. Consequently, as the law spreads to many spheres of culture, people are drawn to law as an arena in which human stories are vividly played out. Despite the argument that law and literature must pursue a different goal, there are substantial virtues in this academic enterprise, especially in its potential to enlarge our understanding of human condition. Most of all, literature can be a humanizing device in law that relies on logical and empirical reasonings, whereas law awakens in literature a sense of reality. Thus the interdisciplinary study of law and literature can enhance the study of both fields, stimulating new insights and inquiries. It should be remembered, after all, that law and literature have an inescapable tie to each other in their membership in the larger community from which they are born and to which they are directed.

      • KCI등재후보
      • KCI우수등재
      • KCI우수등재
      • KCI우수등재
      • 포인턴의 소장품 : 미, 소유, 그리고 도덕 Art, Possession, and Morality

        최경도 새한영어영문학회 2002 새한영어영문학 Vol.44 No.1

        The theme of possession has concerned James throughout his literary career. His characters are awakened to the reality of life through their contacts with materials possession. In James's works, the material possession takes a more complicated meaning as it is associated with art and morality. Thus many of his characters such as Isabel Archer, kate Croy and Charlotte Stant reach a renewed sense of life in the face of material acquisition. James's The Spoils of Poynton(1897) is a work in which the relationship of art, possession and morality is inextricably connected. Here, upon the things of Poynton, three main characters embody a different aspect of possession, in the form of aesthetic principle, material pursuit, and moral idealism. With the development of the story the novel reveals what it is to take hold of the things in Poynton. Mrs. Gereth, who has collected and preserved the things in Poynton, considers them as an extension of her life. She insists that the things in Poynton should be inherited to someone who can appreciate the real value of Poynton because the aesthetic principle she holds is the most important. In contrast to this is the idea of Mona to whom the pursuit of things itself is an end. As a result, she sees the things in Poynton as monetary value. The view of Poynton reaches the most complex level in Fleda who connects them with the moral vision. However, the destruction of Poynton in the end suggests that the moral and the aesthetic acts do not exist harmoniously in the realm of possession since the world of possession belongs to the harsh reality where the gain and loss dominates.

      • 소설의 인물

        최경도 한국 헨리제임스 학회 1998 헨리 제임스 연구 Vol.- No.3

        Character has been a crucial concept in the discussion of the novel because the novel is intrinsically related to the portrayal of characters. Although character has an interaction with other elements of the novel such as plot, point of view, and setting, it exists independent of the structure of the novel. Unlike other elements of the novel that have a distinct function inside the structure of the novel, character has its validity in relation to the reader as it works in the consciousness of the reader. Given the importance of character, however, character has received little attention so far since many people believed that the concern for character itself does not lead to the disclosure of what the novel tries to convey. As it turns out, character in the novel becomes a field where the meaning of the novel is presented and our belief in and sympathy with the world are intensified. Thus it is through the contact with characters that the readers come to know more directly the meaning of our existence in the world. The search for the value of character is and will be an essential effort if the readers want to interpret their acts in the struggle of daily life.

      • 『귀부인의 초상』과 도덕적 결말

        최경도 한국 헨리제임스 학회 1999 헨리 제임스 연구 Vol.- No.4

        In Henry James's The Portrait of a Lady(1881), Isabel Archer's return to Rome at the end attracted much controversy because the cause of her return is not fully explained in the novel. However, the major motive for her return is the result of her pledge to the people around her. More significantly, the pledge Isabel had made is closely linked to her sense of obligation, since she has preoccupied with the sanctities and solemnity of marriage to Gilbert Osmond. This sense of the pledge is accomplished by her total abandoning of the personal and practical advantages. For Isabel, marriage means a total commitment of one person to another and therefore is to be regarded as indissoluble. Isabel's devotion to Osmond accounts for her moral consistency not from reasoning, but from her sense of duty as a married woman. Isabel does not change her attitude toward Osmond even after she comes to know the conspiracy and malignity of her husband and Madame Merle. Her acceptance of destiny can be seen as a moral superiority to these people who have so calculatingly exploited her. Isabel's action in the end, then, is seen to be fully consistent with what she did earlier. Because she was preoccupied with her ideal of freedom and independence, her marriage to Osmond was made through her own decision, bearing all responsibilities for herself. And when Isabel knows that her husband is the reverse of what she thought he would be, she does not flee from her own decisions because her moral notion makes her unable to abandon the consequences of her actions. Along with this, Isabel's return to Rome is considered as James's scheme of showing how his heroine cannot be destroyed despite the flaw of her character. Indeed, James has much interest in the survival of the heroine in terms of morality in the fact that the innocent character is not morally corrupted in the midst of the complicated world. Consequently, in her full knowedge of the world, Isabel asserts her morality and is never defeated.

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