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TrumanCapote, 1924-1984: Created the First Nonfiction Novel With 'In Cold Blood'
大家用的都是什么字体啊?我怎么感觉我的字体好奇怪啊~~BTW，编辑面板里面没问题的，预览的时候就出现粘连了
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BOB DOUGHTY: And I'm Bob Doughty withPEOPLE IN AMERICA in VOA Special English. Today we tell about Truman Capote,one of America's most famous modern writers. He invented a new kind of bookcalled the nonfiction novel. This literary form combined factual reporting withthe imaginary possibilities of storytelling. Capote's writing ability and hiswild personality captured the interest of people all over the world.
FAITH LAPIDUS: Truman Capote became famousfor living a wild and exciting life. He traveled a great deal and divided histime between homes in New York City and Switzerland. But he started out frommore common roots.
Truman was born in New Orleans, Louisianain nineteen twenty-four. His name was Truman Streckfus Persons. When he was avery young child, Truman's mother sent him to live with her family inMonroeville, Alabama. He lived with his aunts and cousins for several years.
Truman rarely saw his parents. But he didbecome friends with the little girl who lived next door to his family. Her namewas Harper Lee. She would later grow up to be a famous writer. Her book"To Kill a Mockingbird," would earn her a Pulitzer Prize. One of thecharacters in the book is based on Truman as a child.
BOB DOUGHTY: Truman was a very lonelychild. He later said that he felt very different from everyone around him. Hesaid he felt he was much more intelligent and sensitive than others and fearedthat no one understood him. This helps explain why Truman began writing.Putting his thoughts on paper helped him feel less lonely. As a child he wouldwrite for about three hours a day after school.
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FAITH LAPIDUS: When Truman was about tenyears old he joined his mother in New York City. She had remarried aCuban-American businessman named Joseph Capote. Mr. Capote soon became thelegal parent of Truman. He renamed his stepson Truman Garcia Capote.
Truman did not do well in school. He wasvery smart but did not like classes. He stopped attending high school when hewas seventeen years old. Instead, he started working for the New Yorker magazine.And, he kept on writing.
BOB DOUGHTY: Truman Capote once said:"I had to be successful and I had to be successful early." He saidthat some people spent half of their lives not knowing what they were going todo. But Capote knew he wanted to be a writer and he wanted to be rich andfamous. He succeeded.
FAITH LAPIDUS: In nineteen forty-fiveTruman Capote sold his first short story to a major magazine. This story,"Miriam", won a literary prize called the O. Henry Award. Apublishing company soon gave him money to start working on a book.
Capote was only twenty-three years old whenhe finished his first novel, "Other Voices, Other Rooms." It tellsthe story of a southern boy who goes to live with his father after his motherdies. The story is an exploration of identity. The boy learns to understand andaccept that he loves men.
BOB DOUGHTY: "Other Voices, OtherRooms" was a great success. Critics praised its clarity and honesty. Butthe story was also disputed. It openly deals with homosexual issues of menloving men. Truman Capote had relationships with men and was not afraid of expressingthis fact to the world.
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The photograph on the book cover alsocaused a dispute. The picture of Capote is intense and sexually suggestive.Capote loved shocking the public. He liked to get all kinds of publicity.
Truman Capote soon became well known in theliterary world. He loved rich people from important families. Capote was asfamous for his personality as he was for his writing. He attended the bestparties and restaurants. His small body, boyish looks, and unusual little voicebecame famous.
FAITH LAPIDUS: Capote wrote many more shortstories and essays. In nineteen fifty-eight, he published a book called"Breakfast at Tiffany's." It has become one of the most well knownstories in American culture. The main character is Holly Golightly. She is afree-spirited young woman living in New York City.
Holly is very beautiful and has manylovers. She runs from party to party wearing little black dresses and darksunglasses. But she has a mysterious past that she tries to escape. At the endof the story Holly leaves New York forever. She disappears from the lives ofthe men who knew her. But they can never forget her colorful personality.
BOB DOUGHTY: "Breakfast atTiffany's" was soon made into a movie. The film stars Audrey Hepburn. Shecaptures Holly Golightly's spirit perfectly. Here is a scene from the movie.Holly and her friend Paul are visiting Tiffany's, a very costly jewelry store.
HOLLY GOLIGHTLY: "Isn't it wonderful?You see what I mean how nothing bad could ever happen to you in a place likethis? It isn't that I give a hoot about jewelry except diamonds of course --like that! [looking at a diamond necklace] What do you think?"
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PAUL: "Well ...
HOLLY GOLIGHTLY: "Of course,personally I think it would be tacky to wear diamonds before I am forty."
PAUL: "Well, you're right. but in themean time you should have something."
HOLLY GOLIGHTLY: "I'll wait."
PAUL: "No, I'm going to buy you apresent. You bought me one -- a typewriter ribbon and it brought me luck."
HOLLY GOLIGHTLY: "All right, but Tiffany'scan be pretty expensive."
PAUL: "I've got my check and ...tendollars."
HOLLY GOLIGHTLY: "Oh, I wouldn't letyou cash your check. But a present for ten dollars or under, that I'll accept.Of course, I don't exactly know what we're going to find at Tiffany's for tendollars."
FAITH LAPIDUS: In the late nineteen fiftiesTruman Capote started developing a method of writing that would revolutionizejournalism. He wanted to combine the facts of reporting with the stylisticrichness of storytelling. He became interested in a short New York Times reportpublished in November of nineteen fifty-nine.
The report described the murder of a familyin the small town of Holcomb, Kansas. A husband, wife and two children had beenshot in their home in the middle of the night.
BOB DOUGHTY: Truman Capote immediatelytraveled to Kansas to learn more about the killings. His childhood friendHarper Lee went with him. Together they spoke with everyone involved in theinvestigation. They met with police officers and people living in the town.Capote even became friends with the two killers. The writer met with them manytimes in jail after they were arrested.
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Capote spent the next few years researchingwhat would become his next literary project. His book would give a detaileddescription of the murders. It would explore the effects of the killing on thetown. And it would even tell the story from the point of view of the killers.
FAITH LAPIDUS: But Capote became involvedin a moral conflict. He could not complete his book until he knew its ending.So, he had to wait until the end of the trial to see if both killers were foundguilty and put to death. As a writer he wanted to finish the story. But as afriend, it was difficult for him to watch the two men die. Capote was tornbetween his duty towards human life and his duty to his work.
BOB DOUGHTY: Capote worked for six years toproduce his book "In Cold Blood." It was finally published innineteen sixty-six. It immediately became an international best seller. TrumanCapote had invented a whole new kind of writing. He called it the non-fictionnovel. He was at the top of his profession.
Here is a recording of Truman Capote from atwo thousand five documentary about him. Listen to Capote's small southernvoice as he talks about style.
TRUMAN CAPOTE: "I think one has styleor one doesn't, but style is one's self. It's something that you don't, youcannot...learn. It's something that has to come from within you. And bit bybit, be arrived at and it's simply there like the color of your eyes."
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FAITH LAPIDUS: Truman Capote decided tocelebrate his new success. In nineteen sixty-six he gave what people called the"party of the century." He invited five hundred friends for a nightof eating, drinking and dancing at the Plaza Hotel in New York. Guests includedfamous writers, actors and important people from the media. They were told towear either black or white formal clothing. Capote's "Black and WhiteBall" was one of the most famous events in the history of New York society.
BOB DOUGHTY: But Truman Capote's popularitysoon decreased. His drinking and drug use seriously affected his health. Hiswriting also suffered. He published stories that insulted his rich and powerfulfriends. Many people no longer wanted to have anything to do with him. Capotedied in ninety eighty-four. He was fifty-nine.
FAITH LAPIDUS: Truman Capote's writing isstill celebrated today for its clarity and style. In two thousand five the film"Capote" renewed interest in his work and personality. This littleman from Alabama left an important mark on American literary culture.
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TheObligatory Structure of Copyright Law: Unbundling the Wrong of Copying
SYMPOSIUMBY SHYAMKRISHNA BALGANESH
Courts and scholars today understand and discuss theinstitution of copyright in wholly instrumental terms. Indeed, given the formsof analysis that they routinely employ, one might be forgiven for thinking thatcopyright is nothing more than a comprehensive government-administered schemefor encouraging the production of creative expression and is therefore quitelegitimately the subject matter of public law. While this instrumental focusmay have the beneficial effect of limiting copyright’s unending expansion, italso serves as a source of distraction. It directs attention away from thereality that copyright is fundamentally a creation of the law and is thusendowed with a uniquely legal normativity that instrumental accounts finddifficult to capture. In so doing, it also glosses over the rather crucial factthat copyright law’s basic structure is and indeed always has been that ofprivate law.
In this Article, I argue that taking copyright’slegal architecture seriously reveals a matrix of core private law concepts andideas that are in turn a rich and underappreciated source of normativity forthe institution. In the process, I make three interrelated claims. First, copyrighttheories and analyses ought to pay greater attention to the analyticalstructure of copyright’s entitlement framework and the ways in which thisstructure seeks to operate in the real world. Discussions of copyright lawwould do well to appreciate that the institution’s exclusive rights frameworkfunctions almost entirely through its creation of an obligation not to copyoriginal expression. Second, copyright can usefully be reconceptualized asrevolving around the “wrong of copying,” which originates in the right-dutystructure that copyright creates. Reorienting discussions along these linesallows for a more direct focus on why copyright treats copying as a wrong, whatactions constitute the wrong, and which plural values can fruitfully coexistwithin its private law structure. Third, focusing on copyright’s internal logicneed not come at the cost of its instrumentalism. To the contrary, such anapproach entails mediating the institution’s instrumentalism through itsprivate law structure on a nuanced, pragmatic basis.
The idea of legal normativity is traced back tothe seminal work of Professor H.L.A. Hart, who argues that the law alwaysoperates by imposing “obligations” on individuals. Individuals, in turn, complywith these obligations not merely because of the consequences of compliance ornoncompliance — that is, the rewards or sanctions that are likely to followfrom obedience or disobedience — but because they have internalized the ruleand accepted it, owing to its origins in the law. Hart terms this approach tounderstanding a legal rule the “internal point of view,” and contrasts it withother approaches that neglect this practical attitude of rule acceptance.
Viewing copyright from this internal point of viewentails two important analytical moves. First, it entails trying to understandcopyright in terms of its obligatory or duty-imposing directives, which arevested with independent normative significance. Commonly thought of entirely interms of “rights” owing to its structural similarity to property law, copyrightlaw is rarely, if ever, conceptualized as a duty-imposing system. When scholarsdo make mention of copyright’s duty in their analyses, they do so withoutcrediting this duty with any independent functional significance. Ironically,though, absent the “duty not to copy” that copyright creates as an obligatorydirective, copyright’s entire structure of exclusive rights becomesfunctionally vacuous. Second, an internal approach to copyright law entailsaccepting that copyright’s legal framework — as an obligatory system — speaksmost directly to potential copiers rather than to creators. Reframing copyrightin terms of the “wrong of copying” that its right-duty structure anticipatesprovides a more useful basis for tying it to the internal point of view.
It bears emphasizing that in attempting toreorient our understanding of copyright law to focus on the duty that itimposes on actors (that is, potential copiers) and on the way in which thatduty renders the institution’s very structure of rights operational, myargument does not suggest that the idea of the “duty not to copy” needs toreplace any and all discussion of “exclusive rights” in copyright law. I intendinstead to suggest that while the two always go together, the systematicneglect of copyright’s “duties” in copyright jurisprudence and scholarship hasover time skewed our understanding of copyright’s basic structure as an area oflaw endowed with an obligatory dimension — that is, where compliance isrequired and not merely optional. In the process, copyright’s very origins as acreation of the law, and as a branch of private law, have come to be neglectedin discussions of the subject.
Part I focuses on copyright’s private law edificeto show that much of copyright’s analytical work is done through its creationand maintenance of a “duty not to copy,” which it directs at potential copiers,to create a “wrong of copying.” Part II unpacks the wrong of copying, sheddingsome light on its origins, examining the contours of the wrongdoing that itidentifies, and showing how copyright’s concept of copying is a defeasible onethat allows the institution to expand sequentially. Part III then examines howa theory of copyright law can countenance both obligations and incentives by allowingthem to operate at different levels.
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越障链接：http://www.harvardlawreview.org/issues/125/may12/Symposium_9248.php |
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发表于 2012-5-27 23:01:24
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