The Old Formalism

In recent decades, literary critics have praised novel theory for abandoning its formalist roots and defining the novel as a vehicle of social discourse. The old school of novel theory has long been associated with Henry James; the new school allies itself with the Russian theorist Mikhail Bakhtin. In this book, the author argues that actually it was the compatibility of Bakhtin with James that prompted Anglo-American theorists to embrace Bakhtin with such enthusiasm. Far from rejecting James, in other words, recent novel theorists have only refined James’s foundational recharacterization of the novel as the genre that does not simply represent identity through its content but actually instantiates it through its form. Social Formalismdemonstrates the persistence of James’s theoretical assumptions from his writings and those of his disciple Percy Lubbock through the critique of Jamesian theory by Roland Barthes, Wayne Booth, and Gérard Genette to the current Anglo-American assimilation of Bakhtin. It also traces the expansion of James’s influence, as mediated by Bakhtin, into cultural and literary theory. Jamesian social formalism is shown to help determine the widely influential theories of minority identity expounded by such important cultural critics as Barbara Johnson and Henry Louis Gates. Social Formalismthus explains why a tradition that began by defining novelistic value as the formal instantiation of identity ends by defining minority political empowerment as aestheticized self-representation.

This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.

Located at the intersection of new historicism and the 'new formalism', historical formalism is one of the most rapidly growing and important movements in early modern studies: taking seriously the theoretical issues raised by both history and form, it challenges the anti-formalist orthodoxies of new historicism and expands the scope of historicist criticism. Shakespeare and Historical Formalism is the first volume devoted exclusively to collecting and assessing work of this kind. With essays on a broad range of Shakespeare's works and engaging topics from performance theory to the emergence of 'the literary' and from historiography to pedagogy, the volume demonstrates the value of historical formalism for Shakespeare studies and for literary criticism as a whole. Shakespeare and Historical Formalism begins with an introduction that describes the nature and potential of historical formalism and traces its roots in early modern literary theory and its troubled relationship with new historicism. The volume is then divided into two sections corresponding to the two chief objectives of historical formalism: a historically informed and politically astute formalism, and a historicist criticism revitalized by attention to issues of form. The first section, 'Historicizing Form', explores from a variety of perspectives the historical and political sources, meanings and functions of Shakespeare's dramatic forms. The second section, 'Re-Forming History', uses questions of form to rethink our understanding of historicism and of history itself, and in doing so challenges some of our fundamental literary-critical, pedagogical and epistemological assumptions. Concluding with suggestions for further reading on historical formalism and related work, Shakespeare and Historical Formalism invites scholars to rethink the familiar categories and principles of formal and historical criticism.

New Formalist Criticism defines and theorizes a mode of formalist criticism that is theoretically compatible with current thinking about literature and theory. New formalism anticipates a move in literary studies back towards the text and, in so doing, establishes itself as one of the most exciting areas of contemporary critical theory.

Revising his 1999 doctoral dissertation for the University of Chicago, Karcz explores the Polish Formalist School of literary theory and analysis, which had already sprouted when Russian Formalism was silenced as heresy by Stalinist pressures in 1930, and the relationship between the two movements. He begins by discussing the anticipations of Polish Formalism, then focuses on the work of Kazimierz Woycicki (1876-1938), Mandred Kridl (1882-1957), and other primary theoreticians and practitioners. Excerpts are in English. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

A recent study in the field of comparative economics (or, more precisely, numerical comparative law) constructed an index of procedural formalism of dispute resolution for more than 100 countries and analyzed the relationship between procedural formalism and certain aspects of quality of the judicial systems. The study's results suggest a strong relationship between legal origins, formalism, and the quality of dispute resolution. Not surprisingly, the study closes with a recommendation for reform. What makes this study so important is not only its findings, backed by an amount of data which seems to be a guarantee for the study's universal validity, but also the financial support of the World Bank - an indicator of the Bank's interest in these questions. Similar studies in the area of banking, securities, and corporate law have received much attention from the legal community. However, for the recent study on civil procedure, this is not the case. Christoph Kern provides a first critical approach to the study from the perspective of a legal scholar. He does not suggest a mere re-coding, but focuses on the methodology and the underlying legal questions. After an extensive discussion of the input to the study, the author turns to the way the study combines the data and, in particular, how it interprets the results. He concludes that the study leaves a mixed impression and that, therefore, doubts remain as to its results and interpretation.