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EXPLORING THE LEGAL CONTENT OF ERIN BROCKOVICH (2000) THROUGH AN ANALYSIS OF ITS LITERARY ELEMENTS

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Tiêu đề Exploring The Legal Content Of 'Erin Brockovich' (2000) Through An Analysis Of Its Literary Elements
Tác giả Nguyen Ngoc Minh Trang
Người hướng dẫn Tran Ngoc Luong Tuyen, M.A.
Trường học Ho Chi Minh City University of Law
Chuyên ngành Legal English
Thể loại Graduation Thesis
Năm xuất bản 2020
Thành phố Ho Chi Minh City
Định dạng
Số trang 58
Dung lượng 1,04 MB

Cấu trúc

  • I. BACKGROUND TO THE STUDY (11)
  • II. OBJECTIVES OF THE STUDY (12)
  • III. NECESSITY OF THE STUDY (12)
  • IV. SUBJECT AND SCOPE OF THE STUDY (13)
  • V. RESEARCH METHODOLOGY (13)
    • V.1. Methodological approach (13)
    • V.2. Data (14)
      • V.2.1 Data collection (14)
      • V.2.2 Data processing (14)
      • V.2.3 Data analysis (14)
  • VI. STRUCTURE OF THE THESIS (15)
  • I. HOLLYWOOD FILM AND ITS ELEMENTS (MODEL FOR FILMS ANALYSIS) (0)
    • I.1. Hollywood film (0)
    • I.2. Cinematography ............................................... Error! Bookmark not defined. 1. The camera ................................................. Error! Bookmark not defined (0)
      • I.2.1.1 Camera angles ....................................... Error! Bookmark not defined (0)
      • I.2.1.2 Camera movements .............................. Error! Bookmark not defined. I.2.2. Lighting effect ............................................ Error! Bookmark not defined. I.3. Sound effect ...................................................... Error! Bookmark not defined. I.4. Film genres (0)
    • I.5. Literary elements (0)
      • I.5.1. Plot (0)
      • I.5.2. Setting (0)
      • I.5.3. Characterization (0)
      • I.5.4. Symbolism (0)
      • I.5.5. Point of view (0)
      • I.5.6. Theme (0)
  • II. LITERARY APPROACHES (22)
  • III. LAW-IN-LITERATURE” AND “LAW-AS-LITERATURE” (23)
  • IV. OVERVIEW OF THE LAW OF CALIFORNIA (23)
  • V. SUMMARY OF CHAPTER ONE (24)
  • I. BACKGROUND INFORMATION (26)
  • I. 1. ―Erin Brockovich‖ and Steven Soderbergh (26)
    • I.2. The stories behind the movie (28)
      • I.2.1. Erin Brockovich (28)
      • I.2.2. Hinkley ground water contamination (29)
        • I.2.2.1 Historical summary (29)
        • I.2.2.2 Litigation (30)
  • II. LITERARY ANALYSIS (32)
    • II.1. Plot (32)
      • II.1.1. Plot summary (32)
      • II.1.2. Plot analysis (33)
    • II.2. Setting (34)
    • II.3. Characterization (34)
      • II.3.1. Main characters (34)
      • II.3.2. Minor characters (35)
    • II.4. Symbolism (36)
    • II.5. Point of view (36)
    • II.6. Theme (37)
  • III. SUMMARY OF CHAPTER TWO (38)
  • I. LEGAL TERMS (39)
    • I.1. Statute of limitations (39)
    • I.2. Binding arbitration (40)
    • I.3. Demurrer (41)
  • II. COMMENCING A CLASS ACTION LAWSUIT (0)
  • III. FEE SPLITTING WITH NON-LAWYERS (47)
  • IV. SUMMARY OF CHAPTER THREE (49)
  • I. SUMMARY OF THE FINDINGS (50)
  • II. LIMITATIONS OF THE STUDY (52)
  • III. RECOMMENDATIONS FOR FURTHER STUDIES (53)

Nội dung

BACKGROUND TO THE STUDY

Law and film are two distinct fields that have long intersected, with numerous films addressing legal themes, such as the iconic "Twelve Angry Men." This intersection highlights the significant role that legal narratives play in cinema, showcasing the complexities of justice and the human experience within the legal system.

(1957), To Kill A Mocking Bird (1962) whose plot is based on the novel of the same name of Harper Lee, A Civil Action (1998), Michael Clayton (2007) and Conviction

Since 2010, there has been significant growth in law-centric films in Hollywood, reflecting a trend from the 20th to the 21st century This evolution highlights the intersection of law and cinema, where legal narratives serve as the foundation of many cinematic plots.

The late 20th century saw a surge of law-centric films that piqued the interest of scholars from diverse fields, highlighting the underexplored relationship between law and film Despite the growing academic attention, there remains a lack of consensus on the subject and methodologies for research Various approaches have emerged to analyze legal films, offering valuable insights into their artistic significance and the sociopolitical contexts they reflect A prominent concept in this discourse is the connection between "law and literature," which has been acknowledged by several legal scholars.

1C.J.S Picart, M.H Jacobsen and C Greek (eds.), Framing Law and Crime: An

Interdisciplinary Anthology, Maryland, Fairleigh Dickinson University Press/ Rowman and

Literature and law are intertwined disciplines, as highlighted by Anker and Meyler (2017), due to their shared focus on rhetoric, language, and social context Black (1999) noted that much of the legal writing concerning film aligns with legal writing on literature Consequently, the field of "law and literature" has significantly contributed to the development of law and film studies.

Academics have taken diverse approaches to the depiction of legal content in films, with some arguing that cinematic storytelling offers a more complex and interpretative experience than traditional legal texts Consequently, films related to law have been utilized as educational tools in legal studies, despite their portrayals of legal institutions not always aligning with reality Nevertheless, these films still highlight certain critical aspects of the legal system.

"Erin Brockovich," released in 2000, serves as a pivotal film for examining legal themes and methodologies within the cinematic landscape This analysis not only highlights the film's significant legal implications but also offers foundational insights into effective film critique and interpretation.

OBJECTIVES OF THE STUDY

This study aims to analyze the literary elements present in the movie's script while also investigating the legal themes depicted within it By employing specific methodologies from the intersection of law and literature, including various literary approaches, the research seeks to provide a comprehensive understanding of both the narrative and its legal implications.

NECESSITY OF THE STUDY

The first time when films were used in the law school classrooms still remains unknown, but it is hard to deny its widespread practice The use of audio-visual

2E Anker and B Meyler (eds.), New Directions in Law and Literature, USA, Oxford

3D Black, Law in Film: Resonance and Representation, Urbana and Chicago, University of Illinois Press, 1999, p.117

4Picart, Jacobsen and Greek, Framing Law and Crime, p 27

Law-related films have gained popularity among law students and educators from the 20th to the 21st century, serving as an engaging tool for the public to understand fundamental aspects of the legal system in a more accessible manner While these films may not always accurately represent the law, they highlight certain realities that can benefit a diverse audience, including newcomers to the legal field and those seeking a visual, non-theoretical approach to unfamiliar legal systems This research aims to provide valuable insights for studying law through the lens of the film "Erin Brockovich," offering practical resources for teaching Legal Terminology and Legal Ethics, and contributing to the intersection of film, literature, and law.

SUBJECT AND SCOPE OF THE STUDY

The study centralizes the film Erin Brockovich (2000) directed by Steven

Soderbergh and written by Susannah Grant

This study focuses on the film's script as a literary text and examines specific legal issues pertaining to the United States, particularly within California.

RESEARCH METHODOLOGY

Methodological approach

This study aims to analyze the legal issues depicted in the film "Erin Brockovich" by examining its literary elements To effectively address the research questions, qualitative research is employed as the most appropriate methodology for this analysis.

Qualitative research, according to Punch (2014), is empirical in nature and does not rely on numerical data This method is commonly used in theoretical studies, distinguishing itself from traditional research that utilizes static numbers or charts, such as those found in this thesis.

Data

The two types of data used in this thesis are primary and secondary data

The primary data is the movie Erin Brockovich (2000) itself as well as some legal texts

The secondary data includes some academic books, online blogs, and the movie‘s script, which was written by Susannah Grant

Data for this study was meticulously gathered from a diverse array of sources, including prominent local libraries and reputable online platforms, ensuring alignment with the study's subject and scope.

The data was systematically organized and analyzed to identify relevant information for the thesis, subsequently categorized into clusters according to their content to facilitate the next steps in the research process.

Once the information was organized into clusters, it underwent a reselection process followed by a textual analysis The upcoming chapter will outline specific approaches that can be utilized in this research to gain insights into the film.

The legal aspects of the film are revealed through the information presented in both the movie and its script This analysis will be further elaborated by utilizing legal resources sourced from local libraries and online platforms.

6K Punch, Introduction to Social Research: Quantitative and Qualitative Approaches, 3 rd edn, London, Sage, 2014, p 3

STRUCTURE OF THE THESIS

The thesis is in three chapters, which is not inclusive of the introductory part and the conclusion

Chapter One Literature Review: in this chapter, some theories and concepts related to the study will be introduced

Chapter Two The movie “Erin Brockovich”: this chapter will concentrate on the film and its analysis using literary approaches

Chapter Three Legal Content: the final chapter will discuss the legal content depicts from the film and some legal institution aspects in reality

This chapter explores various theories related to California law and examines critical approaches within the law-and-film domain relevant to this study.

Understanding the elements constructing a film, especially with legal films, may provide insights into the legal issue conveyed in the movie This means getting the

This thesis explores the intersection of law and film through a film analysis approach, focusing on specific characteristics of film While the study aims to delve into various elements that make up a film, this section will only present a selection of those elements.

A film is defined as a sequence of moving images, typically presented in theaters or on television, often narrating a story While the exact origins of film are unclear, many regard the inaugural public screening by the Lumière brothers as a pivotal moment in the evolution of storytelling through motion pictures Since that landmark event, the film industry has consistently progressed and transformed.

Hollywood symbolizes the thriving U.S film industry, which has flourished over the past century The global appeal of American movies is evident through blockbuster hits that showcase American culture to the world Beyond mere entertainment, films serve as educational tools and communication mediums, ultimately representing a significant form of artistic expression.

Art is typically the result of combining various elements, and this principle applies to film as well A movie's success is influenced by multiple factors; however, this study will focus specifically on film genres and literary elements.

7‗Film‘, Cambridge Advanced Learner's Dictionary & Thesaurus, https://dictionary.cambridge.org/dictionary/english/film, (accessed 1 March 2020)

Film genres categorize movies based on their literary elements and content, offering a foundational understanding of the film's narrative Recognizing these genres helps shape the plotline and enhances the viewing experience Additionally, sub-genres represent smaller categories within a genre, often blending elements from multiple genres to create unique cinematic experiences.

Genres Sub-genres Short descriptions Examples

Defined by risk and stakes such as fight scenes or stunts

Animation Traditional, stop motion, etc

Defined by living inanimate objects

Comedy Sitcom, satire, prank, etc

Defined by humorous events, even if the story is droll

Drama Melodrama, legal drama, etc

Defined by conflict, and often looks to reality

Contemporary fantasy, dark fantasy, etc

Defined by both circumstance and setting inside a fictional, unrealistic universe

Defined by close relationships Jane Eyre

Defined by a mixture of speculation and science

(2015) Table 1: Most popular film genres

Besides the film genres listing in the table 9 above, there are others including historical, horror, western, thriller, musical, etc

8Literary elements will be analyzed in the next sub-section (sub-section I.5.)

9Information in the table is retrieved from S Lannom, ‗Ultimate Guide to Movie

Genres — 90+ Genre Examples for Film & TV‘, StudioBinder, [web blog], 9

September 2019, https://www.studiobinder.com/blog/movie-genres-list/, (accessed 2 March 2020)

A film serves as a narrative medium through motion pictures, closely aligned with the written text of its script When analyzing a movie script in a literary context, it resembles the interpretation of fiction, as both share fundamental narrative elements This section explores the literary components of fiction utilized in literary analysis, while Sub-section I.5 offers a framework for analyzing the literary text of a film, grounded in established literary analysis models.

In literary studies, the terms "plot" and "story" have distinct meanings While a story refers to a chronological sequence of events, a plot emphasizes the cause-and-effect relationships that connect those events Understanding this difference is essential for analyzing narratives effectively.

Basically, the plot has five main elements, based on the typical pattern called the

"Freytag's pyramid", which developed by a German playwright - Gustav Freytag in the

There are five main elements in the Freytag‘s pyramid Firstly, the exposition is the beginning of the story, which introduces the setting and the characters of the story

The narrative structure unfolds with hints of future conflicts, leading to the rising action where tensions escalate and suspense builds The climax serves as the pivotal moment of the story, marking the peak of conflict Following this, the falling action allows for a resolution as tensions subside, showcasing how the main characters navigate their challenges Finally, the conclusion ties together the story's themes and outcomes.

10K Griffith, Writing Essays about Literature: A Guide and Style Sheet, 8 th edn,

9 resolution This is the end of the story, sometimes, it may come up with a plot twist 11

The figure 12 below exemplifies this structure:

In literature, conflict is categorized into two main types: internal and external conflict Internal conflict occurs within a character's mind, representing their personal struggles, while external conflict involves a character's struggle against outside forces, such as nature, the environment, or other characters.

While Freytag's pyramid is a well-known plot structure, various other narrative patterns exist These can include muted or unresolved conflicts, open endings, and stories without a traditional climax Additionally, works may feature multiple plot lines that intricately connect through a chain of cause and effect, enriching the overall narrative experience.

The setting of a fiction piece refers to the time and place in which the story unfolds This element is often compared to the term "mise-en-scène" used in film production, as both encompass the visual and contextual backdrop that enhances the narrative.

11Retrieved from Literary Devices, [website], https://literarydevices.net/plot/,

12The original picture is taken from S Lannom, ‗What Is a Plot? Types of Plot,

Definitions, and Examples‘, StudioBinder, [web blog], 21 August 2019, https://www.studiobinder.com/blog/what-is-a-plot/, (accessed 2 March 2020)

13Griffith, Writing Essays about Literature, p 55

Figure 1: Model of Freytag's pyramid

When arranging the background behind a camera, three key elements should be considered: the social environment, the location, and the historical context Settings can be categorized into two main types: backdrop settings and integral settings Integral settings significantly influence other story elements, such as themes and characters, while backdrop settings are more ambiguous, often lacking a clear historical timeframe, making them appear timeless.

Characterization is a literary device which used to depict a character There are six main types of character which are presented in the table 16 below

Types of character Short descriptions

Protagonist Main character in a story; conflicts with the antagonist

Antagonist Opponent of the protagonist; can be a person, an inanimate object, an animal, etc

Dynamic character Changes during the course of a novel or a story

Static character Remains the same throughout the whole story

Round character A complex type of character with different personalities

Flat character Usually has one or two personality traits; remains unchanged throughout the story

Symbolism is a literary device that involves representing an object, person, or situation with a different meaning beyond its literal interpretation In the film The Great Gatsby (2013), adapted from F Scott Fitzgerald's 1925 novel, the character Daisy serves as a prime example of this symbolism Her name, which refers to a flower with a yellow center and white petals, reflects dual meanings: the white petals symbolize innocence and purity, while the yellow center signifies deceit This duality mirrors Daisy's character in the story, highlighting the complexity of her persona.

15Retrieved from Literary Devices, [website], https://literarydevices.net/setting/,

16Information in the table is retrieved from Literary Devices, [website], https://literarydevices.net/character/, (accessed 2 March 2020)

In the narrative, the character appears innocent on the surface, yet is driven by corruption and greed She deceives Gatsby into believing in her love and willingness to abandon her husband, only for it to be unveiled that her true priority is wealth Through the use of symbols, authors effectively convey deeper messages and ideas within an engaging storyline.

It evokes the curiosity of readers or the audiences in the plot of the story and gives universality to the characters and the themes of a piece of literature 17

HOLLYWOOD FILM AND ITS ELEMENTS (MODEL FOR FILMS ANALYSIS)

1 ―Erin Brockovich‖ and Steven Soderbergh

LITERARY ANALYSIS

LEGAL TERMS

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