Law and Literature


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Law and Literature

An interdisciplinary study that examines the relationship between the fields of law and literature, with each field borrowing insights and methods of analysis from the other.

Taught as a comparative studies course in many academic settings, the law and literature curriculum was developed by members of academia and the legal profession who hoped to make law a more humanistic enterprise.

Law and literature is now a burgeoning field of comparative learning. During the 1990s entire scholarly journals were dedicated to the subject. From the mid-1980s to the mid-1990s, state and national bar associations sponsored many theatrical re-creations of legal questions presented in classic works of literature, including those written by William Shakespeare and Charles Dickens.

The Greek philosopher Plato recognized a relationship between law and literature more than two thousand years ago, writing, "A society's law book should, in right and reason, prove, when we open it, far the best and finest work of its whole literature." In the United States, Plato's works were read along with other classic works of literature as part of the general education of most professionals during the eighteenth and nineteenth centuries. Following the U.S. Civil War (1861–65), however, law was seen less as a humanity and more as a science, and the classic works of Western literature played a lesser role in the education of members of the legal profession.

In 1908 the connection between law and literature was reexamined by the preeminent legal scholar john h. wigmore, who noted the prevalence of trials and legal themes in many of the world's famous novels (see Wigmore 1908, 574). In 1925 Justice benjamin n. cardozo, of the U.S. Supreme Court, published in the Yale Law Review a groundbreaking article titled "Law and Literature," which examined the literary styles of judicial opinions.

In the 1960s and 1970s, the ideas of Wigmore and Cardozo formed the foundation of the modern law and literature movement. During this period law was widely perceived as a myopic, rule-oriented vocation that lacked basic human qualities such as sympathy and empathy. A growing number of law students, lawyers, and judges became disenchanted with the limited perspective of their profession, and began exploring other fields of learning for enlightenment. At the same time, high school teachers, college professors, and graduate students began to migrate from the humanities to the legal profession in search of more practical employment opportunities.

Law and literature studies are separated into three areas. The first area involves law in literature. This area focuses on the legal themes depicted in novels and other literary works. These fictionalized accounts are used as a prism through which actual proceedings in U.S. courtrooms are scrutinized.

The second area involves law as literature. This area studies the educational aspects of actual trials that involve recurring legal disputes over issues such as race relations and the proper role of law enforcement in a free society. This second area of study also analyzes the prose and rhetoric that judges use to explain the legal arguments and conclusions in their judicial opinions.

The third area focuses on law and literature. It compares and contrasts the analytical tools each discipline employs when interpreting a particular text, whether it be a constitution, a statute, a judicial precedent, or a work of literature.

Further readings

Cardozo, Benjamin N. 1925. "Law and Literature." Yale Law Review 14.

Fischer, John. 1993. "Reading Literature/Reading Law: Is There a Literary Jurisprudence?" Texas Law Review 72.

Freedman, James O. 1985. "The Law as Educator." Iowa Law Review 70.

Koffler, Judith. 1989. Review of Forged Alliance: Law and Literature and Law and Literature: A Misunderstood Relation, by Richard A. Posner, and Interpreting Law and Literature: A Hermeneutic Reader, edited by Sanford Levinson and Steven Mailloux. Columbia Law Review 89.

Posner, Richard A. 1995. "Judges' Writing Styles: Do They Matter?" University of Chicago Law Review 62.

——. 1988. Law and Literature: A Misunderstood Relation. Boston: Harvard Univ. Press.

Wigmore, John L. 1908. "A List of Legal Novels." Illinois Law Review 2.

Cross-references

Jurisprudence; Legal Education.

References in periodicals archive ?
Law and literature, in all its diverse and perhaps inconsistent strands, is no exception.
For a somewhat idiosyncratic but very thorough account of the movement's history, see Michael Pantazakos, Ad Humanitatem Pertinent: A Personal Reflection on the History and Purpose of the Law and Literature Movement, 7 CARDOZO STUD.
1 (1994); Symposium, Law and Literature, 39 MERCER L.
In addition to the works of James Boyd White cited supra note 4, see, for example, IAN WARD, LAW AND LITERATURE: POSSIBILITIES AND PERSPECTIVES (1995); RICHARD WEISBERG, POETHICS AND OTHER STRATEGIES OF LAW AND LITERATURE (1992); and ROBIN WEST, NARRATIVE, AUTHORITY, AND LAW (1993).
1) Assuming that both law and literature must work via the indeterminate nature of language, many literary and some legal scholars have for at least a decade been turning to literary theory for analytical tools that, in sum, bring to the surface of legal argumentation the inherently "literary" moment of the law and expose the various rhetorical strategies by which the law represses its figural fluidity in its attempt to appear objectively fixed.
In fact, the current debate over the crossing of law and literature is an instance of what I mean: if the figurality of language marks the parameters of the conversation between the two disciplines of law and literature, then consequently, the "literary" can be said to have set the rules or given the "law" to this particular exchange.
Yet the relationship between law and literature is more fraught than Sanders's characterisation suggests.
There are three main strands of law and literature scholarship.
An established field of interdisciplinary study in the United States, law and literature has received scant attention from postcolonial literary critics.
Since most law and literature work is undertaken under the rubric of law in literature, I devote Section Two of this introduction to a prolegomenous look at selected works of apartheid and post-apartheid literature to explore some of the possibilities for this kind of scholarship that such works afford.
The first movement, law and literature, focuses on the analysis and criticism of literary works that have legal themes, portray lawyers, or depict legal practice.
Buffalo, NY) has published International Guide to Law and Literature Studies, a two-volume set that is targeted to researchers seeking secondary works in the area of law and literature studies between 1900 and 1995.