Essay:
Paul J. Heald, Medea and the Un-Man: Literary Guidance in the
Determination of Heinousness under Maynard v. Cartwright, 73
TEXAS L. REV. 571 (1995).
Abstract:
Professor Heald brings Dante's Inferno, Lewis's Perelandra, and
Euripides's Medea to bear on a discrete problem examined by the
U.S. Supreme Court in Maynard v. Cartwright. These literary
classics provide guidance in responding to the Court's mandate
that the state channel discretion in capital sentencing. These
works imply an ethical framework for determining what
constitutes an "especially heinous, atrocious, or cruel" murder.
While other literary texts are also relevant to Maynard, the
essay only attempts to demonstrate and defend a method of
applying literary texts to concrete legal problems. The author
utilizes the approach of Martha Nussbaum in Love’s Knowledge to
justify the integration of law and literature and briefly
contrasts her approach to that of other commentators.