In 1776, the idea of self-evidence grounded the philosophical assertion that “all men are created equal.” And yet, political, economic and social equality in the democratic republic of the United States has often proven less of a guarantee and more of a promise. Beginning with Thomas Jefferson’s writing of the “Declaration of Independence,” the recognition of a person as fully human in the United States has depended on assumptions regarding race, class and gender. The course examines the changing definition of United States citizenship by putting legal texts (the U.S. Constitution, federal and state laws, Executive Orders, Supreme Court decisions) in dialogue with literary writings and film. In this course we will read stories by people whom federal and or state law barred from full citizenship. Through autobiographies, fiction, poetry and speeches, we will examine the cultural legacy of legal terms such as “domestic dependent nation,” “illegal alien” and “unlawful enemy combatant.” The course themes may include: property and democracy, slavery, westward expansion and Indian Removal, immigration (with particular focus on China and Asia), the right of women to vote, and the wartime powers of the Executive Office. Our goal will be to pay careful attention to the language and genres of the American legislative and judicial system, and conversely to contextualize literature in relation to the legal history through which the U.S. Constitution has been reinterpreted and amended to broaden its terms of equality. We will read writers who used words to protest against and revise the historical circumstances in which they had to fight for legal standing. We will also consider how different kinds of writing -- legal, scientific, autobiographical and fictional -- employ different rhetorical strategies to reach audiences, affect readers and influence the world.
Consideration of the theoretical, historical, and cultural relationshps between law and literature. Definitions of nationalism, sovereignty, civil rights, and civil disobedience through close-reading and discussion of literary and political documents. Theories of colonialism and post-colonialism in relation to law and literature.
Explore the theoretical and cultural basis of law and literature through intepretative analysis of primary texts. Foster skills in reading, interpretation, and argumentative writing related to the “Learning Outcomes.”
-
Students will be able to convey key concepts and philosophies behind the creation and development of the United States, law, theories of nationalism, and print culture. They will be able to trace in contemporary political events the historical patterns of the national constitution and its development in relation to civil rights, issues of indigenous sovereignty, and protest movements in the United States.
-
The course will foster students' abilities to read closely a variety of media and genres (literature, legal documents, paintings, film) and to connect the form of literature to key cultural and theoretical themes.
-
Demonstrate how consideration of a text's immediate and potential extended audiences are important factors in the interpretation of that text/
-
Exercise skills of interpretation and communication that enable students to think critically, to evaluate arguments and to respond constructively in writing and in speech, and in both formal and informal environments.
-
Establish an awareness of the international context to the foundation and development of US law and literature thus enabling students to evaluate, with historical perspective, contemporary international collaborations and crises.
-
Cultivate the enjoyment of intellectual experience in everyday life and continue to broaden students vision of the dynamic relationship between literature, history, geography, science, and the arts.
Lecture, classroom discussion, class presentations by students, on-line discussion.
100% coursework consisting of:
-
Individual Essays (50 %)
-
Class Presentation (15 %)
-
Weekly postings to on-line discussion (15 %)
-
Participation in class activities: (20 %)
The primary readings include selections from Kieran Dolin, Giorgio Agamben, Benedict Anderson; primary texts related to law and literature will include the Declaration of Independence and US Constitution and writings by John Locke, Thomas Jefferson, Black Hawk, Frederick Douglass, Harriet Beecher Stowe, Herman Melville, Henry David Thoreau, Harriet Jacobs, and others.
Additional supplementary readings will be provided at the beginning of the course.