从审判规则谈的法律悖论 On Legal Paradox in The Stranger Based on Judicial Rules毕业论文
The novelette, The Stranger,is not only Camus’s famous work, but also the masterpiece of the existence literature, considered as the representative work of absurd novel. Moreover, this work enables readers to know the legal phenomena at that time, such as the trail process, the contentious procedure and the source of evidence, etc. It is a magnum opus that reveals the relationship between the law and literature. For one thing, adding the thoughts of law to the writing and studying of literature can provide a new perspective for the literary creation. For another, the combination between literary features of the literature discourse and the conscientiousness of the law is a good try. This paper aims to explore the law paradox from the opinion of the rule of adjudication.
Key Words:The Stranger Legal paradoxes; Adjudication; Legal phenomena; Trail process;
1 Introduction 1
2 Introduction of the Relationship between Law and Literature 2
2.1 Origins 2
2.2 The Development 2
3 Law Paradoxes and the Law Thoughts 4
3.1Rules of Adjudication 4
3.2 The Proceeding 5
3.3The Sources of Evidence 6
3.4The Judgment of Charge 7
4 Analysis of the Relationship between Law and Literature 9
4.1 The Influence of Literature on the Law 9
4.1.1The Influence on Legal Language 10
4.1.2The Significance on the Writing of Legal Documents 10
4.2 The Influence of the Law on the Literature 11
5 Conclusion 13
On the Law Paradox of the Strangerfrom the view of Rules of Adjudication
For a long time most of scholars emphasizes much more on the absurd subject ofThe Stranger, or explore the characteristics of the main character–Meursaul, while they ignored the law thoughts, law rules, law practice, the legal phenomenon at that time.Meursaul showed an indifferent attitude toward everything including his mother’s death. However, this homicide casewas strongly relevant with his mother’s death. And the magistrate made the judgment from the aspect of the morality rather than from the law.
This paper aims to explore the law paradoxes from the opinion of the rule of adjudication. Trying to have a further study about this work, instead of studying the absurd subject, try to talkabout the background of this book, introduce the social phenomenon at that time. With the help of the preceding, then analyze the relationship between the law and the literature. In order to understand this work more comprehensively, this paper will attach much importance to the law subjects in this work including the law paradoxes, illustrating the law thoughts embodied in this work, followed by paying attention to explore the significance of this paper. At the end of the paper, the paper will put forward some suggestions to the further studying of this work andpoint out the limitation of essay writing. Methods as consulting documents in ChinaNational Knowledge Internet, asking supervisor’s advice and making comparison with the foreign thesis about this subject will be applied in this paper.
2Introduction of the relationship between law and literature
As we all know, the literature is originated from the reality but higher than the reality. Hence, the literature has close relation with the imagination. However, the law is the summary of the reality experience but higher than the present. Therefore, the law is strictly conform to the reality. The literature pays much attention to the human beings; and the law puts emphasis on the human rights. Both of them attach much importance to the human and social life. There are a strong relation between law and literature. In 1988, Richard A. Posner published Law and Literature: A Misunderstood Relation, in which he advocated to use the real cases to analyze the literary works. In his opinion, the literary works and some theorists who supported the sport of law and literature, all of these made a little bit of contribution to the legal practice. Because he believed people could not learn some meaningful knowledge about the daily operation of legal system from the fictional literature, even though these works described the adjudication or other activities of legal system. After a few years, the sport of law an literature was prevalent in Chinese law field through the translation of a series of Posner’s works.
With the appearance of tribe or country, the embryo of law emerged as people needed rules to regulate their behavior, to lead their ideals, which was easier for the governors to take control. But the literature had occurred before the appearance of law.
In the feudal states forming and mature period, the relationship between and literature became more and more closely. An increasing number of works about the subject of law and literature was sprung up. Take the Spring and Autumn Annals as an example, it is not only literary masterpiece, but it also can be considered as a legal work since it include numerous legal rules like agree on a three-point law, conviction according to one’s heart, conviction and sentencing.
In the period of modern society transformation, a large number of scholars analyzed the literary works from the prospect of law and literature. Shakespeare wrote some famous legal drama, such as the Venice Businessman. Besides, a great deal of distinguished litterateurs had legal education background, such as Goethe, Leo Nikolayevich Tolstoyand Xuzhimo, Gustave Flaubert learned in the law school. So it is not strange to understand why more and more literary works will provide some legal thoughts, describe the legal phenomena at the special time. We can not only analyze The Stranger from the literary prospect, but we can also make some researches from the legal point, studying the trail process, the contentious procedure and the source of evidence, etc. Law and literature are compatible not opposite.