Law and Literature
The subject of law and literature has been a recognized field of study in universities and law schools since the 1970s. Since its inception it has been, and still continues to be, to some extent, a controversial union of disciplines. Almost everyone involved in the discussion—lawyers, students, literary critics, and ordinary readers—agree that there is a relationship between the fields of literature and the law, or jurisprudence. The exact nature of the relationship and the degree to which the two areas can or should influence one another continues to be a much debated issue.
Many critics and legal scholars agree that both literature and the law are based on language, and so share a common tradition. Both fields depend on narrative—on the idea of telling a story for either fictional or legal purposes. Also, argumentation and internal logic are crucial to both a good piece of fiction and a well-presented law case. Many scholars—for example, Ian Ward, Bruce L. Rockwood, and Gregg D. Crane—also point out that practitioners in both fields can benefit from a study of rhetoric, a deeper understanding of language, and an understanding of the interdisciplinary nature of law and literature. The debate becomes sharpened when the study of law and literature is divided into its two branches—law in literature and law as literature. Those scholars who engage in writing about law in literature emphasize the usefulness to the legal profession of reading certain works of literature that either centrally or peripherally deal with legal issues, and so potentially enrich the cultural context of the law. The other approach to the field, law as literature, is much more controversial. Some legal and literary scholars suggest that there are intellectual benefits to be derived from approaching legal texts as if they were literary criticism; using a deconstructive approach, for instance, law students can arrive at an understanding of the legal text's internal contradictions, biases, and faulty logic that can sharpen their intellectual and legal acumen. But critics of the law as literature approach point out that the fields are diametrically opposed: literature is dramatic and therefore concerned with developing conflict, whereas the purpose of law is conflict resolution. Richard A. Posner, one of the critics of the approach, has emphasized this essential difference and has also stressed that literary works deal with the law only metaphorically and not as a central concern. Because the two disciplines form divergent contexts, there is only a limited benefit to be derived from parallel study of law and literature. Posner has written, “Law is a complex set of rules and institutions from which a writer can borrow but which does not lend itself to being imitated.” Others still, for example Daniel J. Kornstein, have warned that the whole field is in danger of becoming too academic and abstract and that the study of law and literature will only provide a benefit if practitioners of law continue to be engaged with literature on an everyday level.
Literary critics have written much about the role of law in literature, especially in such works as Franz Kafka's Der Prozess (1925; The Trial) and Albert Camus's L'Etranger (1942; The Stranger). They have also explored fictional works that offer a direct and pointed critique of an aspect of the law—for instance, E. M. Forster's A Passage to India (1924), Charles Dickens's Bleak House (1852-53), and Jonathan Swift's Gulliver's Travels (1726). But more often, they have written about various reactions to the law in literature, ranging in scope from Nathaniel Hawthorne's The Scarlet Letter (1850), to the plays of Bertold Brecht, to John Updike's novel S. (1988), and to the contemporary plays of Alice Childress and August Wilson.
M. M. Bakhtin
Tvorchestvo Fransua Rable i narodnaia kul'tura srednevekov'ia i Renessansa [Rabelais and His World] (criticism) 1965
Floating Opera (novel) 1956
Der kaukasische Kreidekreis [The Caucasian Chalk Circle] (play) 1954
L'Etranger [The Stranger; also published as The Outsider] (novel) 1942
Wedding Band (novel) 1973
Don De Lillo
White Noise (novel) 1985
Bleak House (novel) 1852-53
E. M. Forster
A Passage to India (novel) 1924
A Frolic of His Own (novel) 1994
The Late Bourgeois World (novel) 1966
The Firm (novel) 1991
The Client (novel) 1993
The Scarlet Letter (novel) 1850
In der Strafkolonie [“In the Penal Colony”] (short story) 1919
Der Prozess [The Trial] (novel) 1925
Soudce a smeti [Judge on Trial] (novel) 1991
Billy Budd, Sailor (novella) 1924
Jenseits von Gut und Böse: Vorspiel einer Philosophie der Zukunft [Beyond Good and Evil] (essay) 1886
Zur Genealogie der Moral: Eine Streitschrift [A Genealogy of Morals] (essay) 1887
Der Antichrist [The Antichrist] (essay) 1895
Der Wille zur Macht [The Will to Power] (essay) 1901
Richard A. Posner
Law and Literature: A Misunderstood Relation (criticism) 1988
Overcoming Law (criticism) 1996
The Satanic Verses (novel) 1988
Gulliver's Travels (novel) 1726
S. (novel) 1988
Ma Rainey's Black Bottom (play) 1985
Fences (play) 1986
Joe Turner's Come and Gone (play) 1988
The Piano Lesson (play) 1990
Two Trains Running (play) 1993
Seven Guitars (play) 1996
The Bonfire of the Vanities (novel) 1987
Native Son (novel) 1940
SOURCE: Ward, Ian. “Law and Literature: A Continuing Debate.” In Law and Literature: Possibilities and Perspectives, pp. 3-27. Cambridge: Cambridge University Press, 1995.
[In the following essay, Ward summarizes the history and evolution of the scholarly debate regarding law and literature, noting key ideas and critics.]
Students seek out good teaching to learn not the rules but the culture, for the rules are everywhere the same.1
The purpose of this introductory chapter is essentially synoptic. Indeed there is a very tangible sense in which, after more than a decade of the renewed law and literature...
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SOURCE: Ward, Ian. “Law and Justice in the Modern Novel: The Concept of Responsibility.” In Law and Literature: Possibilities and Perspectives, pp. 142-56. Cambridge: Cambridge University Press, 1995.
[In the following essay, Ward explores Kafka's The Trial and Camus's The Outsider as texts useful in the literary and legal study of the concept of responsibility.]
There is no doubt that modern literature has been more extensively used by law and literature scholars than any other literary source. It does not, then, represent a particularly new perspective. There are, of course, certain contemporary ‘modern’ texts which are fresh, and I will look at...
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SOURCE: Rockwood, Bruce L. “Introduction: On Doing Law and Literature.” In Law and Literature Perspectives, edited by Bruce L. Rockwood, pp. 2-38. New York: Peter Lang, 1996.
[In the following essay, Rockwood surveys recent critical approaches to the study of law and literature and suggests that the two disciplines together can be helpful in understanding the moral complexities of the postmodern world.]
Despite its deep roots in culture and civilization, in the last decade of the twentieth century law and literature is still a relatively new and emerging field of study.1 It is a distinct discipline, and a true “interdiscipline,” involving fundamental...
(The entire section is 16420 words.)
SOURCE: Crane, Gregg D. “The Path of Law and Literature.” American Literary History 9, no. 4 (winter 1997): 758-75.
[In the following essay, Crane discusses the extent to which literature and law interact and are capable of influencing each other and evaluates three recent studies of that subject.]
In the Library of Congress's small collection of Chief Justice Roger B. Taney's papers, I recently happened upon the fragmentary beginnings of an essay on slavery and antebellum sectional hostility. Apparently written on the eve of the Civil War, the anonymous author laments the election of Abraham Lincoln and condemns “free state aggression” upon the nation's...
(The entire section is 7436 words.)
SOURCE: Kornstein, Daniel J. “A Practicing Lawyer Looks Back on Law and Literature.” Cardozo Studies in Law and Literature 10, no. 2 (winter 1998): 117-19.
[In the following essay, Kornstein presents a brief summary of literature and law study over the past two decades, emphasizing that the future of the discipline lies in engaging the interest of actual practitioners of law.]
Law and Literature has much to be proud of. In two decades or so, it has grown from an abstract idea to a contemporary school of jurisprudence. It has started to permeate the legal consciousness. It is taught in colleges as well as law schools. It has produced an expanding body of writing...
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SOURCE: Posner, Richard A. “The Reflection of Law in Literature.” In Law and Literature, revised and enlarged edition, pp. 11-48. Cambridge: Harvard University Press, 1998.
[In the following essay, Posner argues, citing numerous examples of fiction that encompass legal issues, that the law figures in literary works as a metaphor rather than as the center of thematic interest.]
Law is so common a subject of literature that one is tempted to infer a deep affinity between the two fields, giving the lawyer privileged access if not to the whole body of literature then at least to those works that are explicitly about law. But I shall argue that the frequency of legal...
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SOURCE: Dolin, Kieran. “The Modern Western Nomos.” In Fiction and the Law: Legal Discourse in Victorian and Modernist Literature, pp. 21-44. Cambridge: Cambridge University Press, 1999.
[In the following essay, Dolan explores the cultural and philosophical context which enabled a connection between literature and law in the post-Enlightenment European tradition.]
The study of fictional representations of law demands a contextual criticism. In this chapter I attempt to establish this context for the subsequent analysis of my chosen novels by presenting a short account of the intellectual and social history of European law since the eighteenth century. The...
(The entire section is 11035 words.)