Justice Poetry And Poetic Justice-the Collision And Consensus Between Literature And Law

By selecting the "Justice" perspective,applying the comparative research method to the Literature and Law,and starting from the "justice poetry" in literature,the present thesis studied the literary theory problem,such as the relationship between literature and people,the essential characteristics of the literary and the academic characteristics of the literary.The "justice poetry " is a distinct and unique characteristics of literature.In order to achieve substantive justice,such as the retribution of "what goes around,comes around",literature can abandon the logic of reality,and take the emotional logic instead.Literature use poetic narrative,fantasy and art processing method to achieve the "justice".This "justice poetry" is emotional and ethical palatable.The above shows that the essence of literature is aesthetic,and ideal beyond reality.The Justice in literature is the highest degree;The justice in law is the mnimum level of justice.It is very interesting to conduct a comparative analysis on the justice of Literature and Law.In order to illustrate the "justice poetry" more intensive,I selected the "poetic justice" in law to conduct the comparative analysis.Traditionally,the law is the rules for us,it is rigid,however,human nature is multi-faceted.The law always lack the care of this fact,and in the judicial practice,the law may hurt the human nature and the justice.Therefore,many people maintain that,it is necessary to refer to the literature approach in the judicial practice,and establish a justice model which characterized by emotion,imagination and humane.In one word,we should make the"poetic justice" as a Chancery for the rigid law.Justice is the common pursuit of the literature and law,but literature pursuit the substantive justice,and the law pursuit procedural justice.When the substantive justice and the procedural justice are separate,the justice in literature and law will conflict;But the "justice poetry" in the Literature and the "poetic justice " in the Law are same in the subject of life.Both of them face the spirit and the rights of the others,value the survival consciousness,and try for love and the moral victory of human.The "Justice poetic" in literature and the "poetic justice" in Law is a excellent inspiration to the survival theory for us who are surrounded by Scientific and rationality.In the rampant consumer decade,can we reserve a place for man and humanity?Can we use the aesthetic activities to resist utilitarian?Can we abandon the superficial victory of the rationalist?The thesis is divided into six chapters,which were described as follows:The first chapter explained the research background.The comparative study of Literature and Law is not started from me,it came from a massive academic exercise.Different from traditional comparative researches,the present study selected the"justice" perspective which is different on the concept of justice between Literature and Law.The second chapter studied the two justices in literature and law more detailed,and we found that the collision occurred on the value orientation,and they have a common value on the life theme.The third chapter studied the "justice poetry"in the literature compared to the "Poetic justice " in the law.The themes discussed here include "good and evil"?"crime and punishment","tragedy and comedy","the revenge" and "modern literature".In Chapter ?,contrasting with the concept of the "justice" in law,we explored the essence of literature from the "justice" in literature,we found that literature is the aesthetic;we recognized the social function of literature;we got the value of literary theory;the literature do concerned about people;something about poetic narrative and justice narrative.In the Chapter five,I try to find the realistic sense of this study,and try to build a ideal justice model in Literature and Law,by combining the "poetic" and"justice".In the chapter ?,? try to turn over to think the present human condition and look forward to a better future.The last part is the conclusion.