LEADER 04279nam 22005415 450 001 9911031661703321 005 20251001130714.0 010 $a3-032-03792-1 024 7 $a10.1007/978-3-032-03792-3 035 $a(CKB)41521277300041 035 $a(DE-He213)978-3-032-03792-3 035 $a(MiAaPQ)EBC32336794 035 $a(Au-PeEL)EBL32336794 035 $a(EXLCZ)9941521277300041 100 $a20251001d2025 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aLaw, Literature and Legal Counterfactuals $eA Method of Contrastive Discourse Analysis Using the Example of Contemporary Literature /$fby Alexandra Juster 205 $a1st ed. 2025. 210 1$aCham :$cSpringer Nature Switzerland :$cImprint: Springer,$d2025. 215 $a1 online resource (VIII, 286 p. 7 illus.) 225 1 $aLaw and Visual Jurisprudence,$x2662-4540 ;$v16 311 08$a3-032-03791-3 327 $a1 Introduction -- 2 Law and Literature, with a Special Focus on Law in Literature -- 3 Auxiliary Methodological Concepts: Interdisciplinarity, Discourse, Hermeneutics, Counterfactuals -- 4 Method of Legal Counterfactuals -- 5 Counterfactual Analyses in Practice -- 6 Concluding Remarks and Outlook. 330 $aBased on the long-established American law and literature movement, the interdisciplinary research field of 'law and literature' is also beginning to hesitantly establish itself in Europe. The German Collaborative Research Centre (SFB) 1385 ?Law and Literature? has provided an important impetus for this development. The present work builds on the latter and aims to develop a contrastive interdisciplinary research method ('legal counterfactual') that claims to offer a methodological basis for the further development of the young research field of 'law and literature'. The particular focus herein is on law in literature. An overview of the heterogeneous research approaches in Italy, France, Belgium, and Germany is first provided. Thereafter, the focus shifts to a theoretical examination of the methodological concepts of interdisciplinarity and counterfactuality on the one hand, and the specific approaches to the text ? namely discourse and hermeneutics ? on the other. Based on these theoretical 'building blocks', the dividing lines between legal and literary studies are drawn in the first step, to identify the resulting intersections in the second step: the written text as a common working basis on the one hand, and hermeneutics and discourse as a means of analysing texts on the other. The legal discourse in the texts is methodically extracted and contrasted with the real-world legal texts in a juxtaposing manner. The aim of this counterfactual contrast is to determine the degree of correspondence between diegetic and real law. To consolidate this method of legal counterfactuals, five works of contemporary literature are tested and demonstrated in practice: La décision (2022) by Karine Tuil, Sworn Virgin (2014) by Elvira Dones, Unorthodox (2012) by Deborah Feldman, Repenti (2017) by Claude Chossat, and A Slap in the Face (2016) by Abbas Khider. The selection of works is motivated by an interest in touching on different areas of law that have received little attention in interdisciplinary law and literature research to date, such as French anti-terror law, the customary law of the Albanian Kanun, Talmudic law, Corsican feudal vendetta law, and German asylum law. 410 0$aLaw and Visual Jurisprudence,$x2662-4540 ;$v16 606 $aLaw$xPhilosophy 606 $aLaw$xHistory 606 $aLiterature 606 $aTheories of Law, Philosophy of Law, Legal History 606 $aLiterary Methods 615 0$aLaw$xPhilosophy. 615 0$aLaw$xHistory. 615 0$aLiterature. 615 14$aTheories of Law, Philosophy of Law, Legal History. 615 24$aLiterary Methods. 676 $a340.1 700 $aJuster$b Alexandra$4aut$4http://id.loc.gov/vocabulary/relators/aut$01827118 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9911031661703321 996 $aLaw, Literature and Legal Counterfactuals$94450831 997 $aUNINA