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LAW, LITERATURE & CINEMA

A MEANINGFUL CONNECTION

SUBMITTED BY: SUBMITTED TO:

PULKIT GOYAL Dr. RUCHIRAJ THAKUR

BBA LLB 1st year (Hons.)


ACKNOWLEDGMENT

The success and final outcome of this assignment required guidance and assistance
from many people and I am extremely fortunate to have got this all along the
completion of our assignment work. I express my gratitude to our Vice Chancellor
and my subject teacher for giving me this opportunity to do work on this topic and
learn so much along the way. Ever encouraging seniors helped me at every step of
the research.

Furthermore, I would like to acknowledge my and staff of the Himachal Pradesh


National Law University, who gave me the permission to access to all the required
equipment in completing this project. This assignment could not have been
completed without each one’s help.
CONTENTS

 INTRODUCTION
 BASICS
o WHAT IS LAW?
o WHAT IS LITERATURE?
o WHAT IS CINEMA?

 RELATION BETWEEN LAW AND LITERATURE

 RELATION BETWEEN LITERATURE AND CINEMA

 SIMILARITIES BETWEEN LAW LITERATURE AND CINEMA

 DISSIMILARITIES BETWEEN LAW, LITERATURE AND CINEMA

 ABOUT THE MOVIE

 ABOUT THE NOVEL

 CONCLUSION

 REFERENCES
INTRODUCTION

“A lawyer without history or literature is a mechanic,


a mere working mason if he possesses some knowledge of these, he may venture to call h
imself an architect.”

- Walter Scott

A known field of study in universities and law schools has been the topic of law and literature for
many years now. Nearly everyone: judges, scholars, literary experts, etc., believe that the
literature, film and law fields are closely related, one way or the other.

All law and literature are language-based and thus share a common heritage. All
fields rely on storytelling, whether for fictional or legal reasons, on the idea of telling a story.
Cinema also depends entirely on the fact that how it is portrayed and shown to audiences in the
same way. There are two sides to this discussion, i.e. Law as the law of art and literature. Legal
professionals also stress that reading the law-related literary works enriches the cultural context
of the law.

The chosen movie "Kanoon" well defines this trio's relationship. This reveals how the law
provides justice depends entirely on society. Kanoon challenges India's judicial system's
legitimacy and reveals both sides of justice and law. There is a well-known saying that says,
"Murder is simpler than justifying it." This film gives it a very good strength.

BASICS:
 What is LAW?

“Laws are spider webs through which the big flies pass and the little ones get caught.”- Honore
de Balzac

Law basically is set of rules, enforcement of which ensures the smooth movement and
functioning of society. We can also say that It leads to the Society, which further acts as a pillar
for Literature and Cinema.

 What is LITERATURE?

Literature often reflects Life as seen or experienced by the Author. It is a form of human
expression. But not everything expressed in words—even when organized and written down—is
counted as literature. Those writings that are primarily informative—technical, scholarly,
journalistic—would be excluded from the rank of literature by most, though not all, critics.
Certain forms of writing, however, are universally regarded as belonging to ` as an art. Individual
attempts within these forms are said to succeed if they possess something called artistic merit
and to fail if they do not. The nature of artistic merit is less easy to define than to recognize. The
writer need not even pursue it to attain it. On the contrary, a scientific exposition might be of
great literary value and a pedestrian poem of none at all.

 What is CINEMA?

“Cinema is a matter of what's in the frame and what's out”

Cinema is visual representation of stories. It is considered to be one of the most influential art
form so far. We can also say that It is comprised of both Law and Literature. Cinema, these days,
enjoys a very significant share in the Field of literature. Several times, a novel is published by
Author and Later, Movie on same is released. This adds to the hype of both Novel and Movie.

This is because People nowadays can connect better with Visual representation as compared to
the Printed or Written form. Cinema could be major supply of recreation in most countries of
globe particularly in Asian country wherever the bulk of individuals live below the poverty level.
It provides North American countries with recreation and typically educates North American
countries too. Looking at the standards of the films created by the administrators, one may label
cinema as curse or boon.

RELATION BETWEEN LAW AND LITERATURE

When researching in depth these two areas concerned, one may establish several relations that
the two disciplines have — they are complex and interesting. Most literary works deal with the
topic of law. Likewise, many Judges ' judicial judgments are regarded as having literary merit.
Literature knowledge helps lawyers to contend better and better articulate judges. How can
literature aid in the work of the lawyer? Why fiction-derived information can be used in law. Of
course, we're not going to claim that law can not exist without literature, but rather we're going to
try to demonstrate how literature can support, or at least grow, law. This literary ability is
pointed out by Jeanne Gaakeer, who argues that the law and literature movement's original
mission was quite simple: to achieve theoretical and artistic objectives, to develop the ability to
interpret and see things from the perspective of someone else. None of the following is implicit
in the statute. Literature research is also an invaluable tool for law review, both of which involve
a keen interest in information. Law itself also governs some basic aspects of literature, such as
the copyright law. In many works regarded as literature, one thing appears recurrently and that is
the component of drama. This is where it becomes so clear to interconnect with the statute.
Perhaps nothing could be more exciting or enticing than setting up a jury in the courts. Literature
also includes tools that can be used in legal arguments. It can boost legal arguments '
persuasiveness, even if it serves merely as an ornamental component. Appropriate composition
can provide for the symbolic significance of court decisions and, indeed, any other legal sources.
A lawyer can improve his ability to describe and narrate the evidence by reading literature.
Literature allows the legislation to resist technocracy and bureaucratic tendencies. The law and
literature movement responds to both historical and current challenges by returning to
development, including cultivating the production and interpretation of a legal text, as well as
developing legal imagination.
RELATION BETWEEN LITERATURE AND CINEMA

Across different aesthetic genres, literature and cinema have a fluid connection as languages.
The movies have been continually discussing literature in the number of ways from the earliest
filmmakers to date. Literature, especially novels, were the most popular means of creative
expression until the advent of cinema. Cinema is a great medium for life-like preservation of our
history, myths, imaginations, legends, and great acting. Cinema has used literature-inherent
techniques such as metaphor, figurative expression, dramatic and visual representation since its
inception. Cinema or the' seventh form' brings with literature some common elements. The
movie has' serious syntactic similarity' with the book. All literature and cinema bring us different
ways of perceiving truth. The two forms of art allow us to see the previously unseen reality,
thereby projecting human conditions into different societies and contexts. The novelist meditates
on the situation and recreates the different incidents of life through various literary devices,
allowing the reader to see the secret aspects of reality. Similarly, through his / her films, the
cinematographer uses various cinematic tools to expose the secret aspects of life.

Like the book, the film provides us with a view of the action that is completely regulated at
all times by the director (writer). Our focus can not wander around the screen, just like it
wanders over the stage. They move when the camera moves, they are still when it stays.
Similarly, the novel provides a collection of the thoughts and explanations important to the
creation of the writer, and we have to follow them serially as the narrator leads us; they are not
set out as a context for us to consider in the order we want, as in painting or theater.

Similarities between law, literature and cinema

 Society
Law and literature differ in many ways, but they also have some things in common. Society is
one of them, as mentioned above. Legislation is created for society to ensure its sustainability
and smooth functioning, while literature arises from the Society and the State. Cinema, with the
literary mix, often portrays the same Society on the screen.

 Objectives
Coming to the law, literature and cinema goal, we find that all three have a common goal. We
are aimed at bringing about change in society. To order to move towards a better society,
legislation does it by such laws to bring about a change or alteration. Similarly, literature and
film represent society's activities and are written and portrayed to illustrate how society can be
changed. This is achieved by presenting the society's bad activities. It thus makes the trio's aim to
bring about a change for the betterment of society is the same.

Dissimilarities between law, literature and cinema

Vocabulary

In the sense that the language used in the trio is different, law, literature and cinema differ from
each other. Law must be clear and to the point, so that it can not be misinterpreted or misused by
others. The words that are used must be more precise. Law is more straightforward, while
literature is more subjective and less direct. Often literature may seem less rational, but following
specific terms is not regulated like law. The writer uses his independence and in his own style
communicates his thoughts. And this style is different from individual to individual.

Scope of Flexibility

Literature and cinema are versatile subject to writers ' imagination, while law is more static, fact-
based, and the message they want to express is plain. As previous literature and cinema stated,
there is room for emotions and language that the writer wants to convey through the medium.
But it can't be used by regulation. When paired with different expressions of the artist, literature
and cinema become more appealing.

Practicality
Literature and cinema can be creative and may not be relevant to the real-world situation as it is
the writer's concept speech. To convey the thought, he can use different methods. It may be
probable or not. But in case of rule, it can't be said. Legislation must be rational and realistic.
This can't be creative or free from circumstances in real life.

ABOUT THE MOVIE

KANOON from C. J. Pavri, Akhtar-Ul-Iman's dialogues and B produced & directed. R. Chopra.
In order to show the creativity and talent of our Indian filmmakers and their actors, he
deliberately made this song less traditional court room drama while songs were regarded as an
integral and most important part of Hindi films.

The film presents an argument against the death penalty, arguing that witnesses can be genuinely
misled, and their consequent unintentionally tendered false testimony can lead somebody to the
gallows wrongly.

As a beautifully conceived, KANOON was a path-breaking 1960 stunner ahead of its time
attempt, posing major questions about the LAW and its legal grounds for rendering the capital
decision.

Kalidas is an executioner captured by the police for homicide. He is up for preliminary in the
Court of Judge Badri Prasad, and he confesses. He likewise advises the Court that he has just
been indicted for a similar wrongdoing 10 years back when the Courts condemned him for
murdering the extremely same man who has kicked the bucket at his hands as of late. The Court
is stunned at this wrong choice, which may well have driven Kalidas to the scaffold for a
wrongdoing he didn't submit. Judges Badri Prasad and Jha proceed with this talk after the
procedures are finished and both take a wager that one of them could pull off homicide.
Presently, a cash moneylender named Dhaniram is murdered. A man, Kaalia, is captured by the
police, is in authority and is blamed for murdering Dhaniram. However, Kaalia claims that he
just went to burglarize Dhaniram's home, and didn't execute him. Backer Kailash Khanna goes to
the protection of Kalidas and enters a supplication of not blameworthy for his sake. Kailash is
the planned child - in-law of Judge Prasad as he is infatuated with his little girl, Meena. All
through the procedures, Kailash intently watches Judge Prasad as the Public Prosecutor goes on
lay proof upon proof to demonstrate that it was Kaalia who slaughtered Dhaniram. At that point
when Khanna's turn comes, he focuses his finger critically at Prasad and blames him for
murdering Dhaniram. There is furore in the Courtroom and in this manner in the media, as
Prasad steps down and lets Jha assume control over the procedures. At that point there is an
unexpected unforeseen development when all of a sudden Kaalia educates the Court that it was
he, and only he that slaughtered Dhaniram. It is presently up to Khanna to choose to wean reality
out of this issue, or simply acknowledge the unforeseen development and continue with this life.

Can a person be charged twice for the same crime? The film begins with this interesting question
and then goes on to unmask deeper loop holes in the judicial system based largely on statements
made by the witnesses presented. The story revolves around a scenario where a murder is
committed, but due to his untimely presence on the spot, an innocent person is captured. If he is
hanged only on the basis of some dicey testimony, or if the verdict can be turned over with some
fabricated testimonies, the point raised in the movie is intelligently!

ABOUT THE NOVEL

The first irony is that the law is supposed to be an instrument of justice that transcends all
individual human circumstances, but in reality it is unfair because it is so abstract because it is
indifferent to the individual human situation. The second irony is that the law is an abstract
concept, but it requires to exist the trial, a functional human structure staffed by human workers.
The third irony is that it saturates all human affairs, even though the Law is theoretical and above
all human affairs. You are clearly unable to circumvent the law. No matter how the hero of
Kafka attempts to flee the court, to free himself from the court, he finds himself drawn into his
web even deeper.

We may be the most deluded people on the planet if we feel we can live outside or without or
beyond the rules. By displaying their identification cards, the wardens arrested Mr. K. K was
arrested on his 30th birthday morning in his rented apartment. He had previously fallen in love
with Miss Bürstner, who moved to the same apartment building recently. Mr. K thought it was
just a joke at the start. He was unable to find out why he was arrested or what kind of criminal
activity he was involved in. Even though Mr. K was allowed to live as normal at first, even the
wardens assured him he was free to move about, because he would be contacted by the court, he
still felt a lot of pressure. Both clues revealed that "he never would have liberty." Mr. K tried to
defend his innocence after that. He wanted to find out the name of the writing and the crime of
which he was convicted. Try as hard as he could, but he never understood the hidden court's
purpose, procedure, and rules. Mr. K dedicated much time to his case; he had even hired an
attorney, yet he never realized what a crime he had committed, nor was he released from the
subpoena to appear before the court. His lawyer told him the trial was a form of corruption. Mr.
K also learned from others that you would never be able to free yourself from it once you enter
the courtroom. Whether or not you were guilty or innocent, the property of people would be gone
and their lives destroyed. Mr. K was trying to seek help, but everybody was trying to avoid him.
Then he realized one thing: although there is reality, it was impossible to achieve.

One day, Mr. K was planning to pay an Italian client's visit. Once Mr. K arrived on time, the
customer did not appear. Mr. K encountered a priest at the dark temple. A fable was told by the
priest: A doorkeeper stands on guard before the gate, and a man came from the countryside
asking for the law to be enforced. But the doorkeeper says he can't immediately admit the guy.
He's lying there, waiting for days and years. He makes a lot of attempts to be allowed in, and his
eyes eventually become dim. He told the doorkeeper, "Everyone seems to be trying to fulfill the
law. But how is it that no one but me came to seek admission in these years?"The doorkeeper
perceives that the man is at the end of his strength and his hearing fails, so he blows in his ear:'
No one but you could gain admission through this door, because this door was built for you
alone. While defending his innocence, he continued to fail. Mr. K started to believe that he was
innocent and that he wanted to be punished. On the eve of Mr. K's thirty-first birthday, two
people with suits arrived in his apartment without warning, when Mr. K was sitting there
spontaneously waiting for them to take him away. Although he couldn't be sure if the person was
Miss Bürstner on the street, he always assumed that the woman he saw was someone he always
had a crush on. Mr. K suddenly realized at that moment that he was no longer able to resist the
current situation, so he submitted to the sentence and obtained his final verdict. Such two
policemen, behaving like wild dogs on a desolate mountain, killed him without mercy. To Mr. K,
the law trail was such a cruel operation.

CONCLUSION
We explore how three different subjects combine by contrasting law, literature and cinema.
Through these examples, people learn law. This makes culture and society more open to them.
Law is the human behavior norm. Modern culture has restricted the subjects of law. But with
literature and the cinema, it has the same condition. The limitless literature can inspire and direct
lawyers. Legal people can also read more fluently through these classics. The more important
thing is that we know by literature's tolerance and empathy. His wealth comes into our lives and
"literature keeps one's mind" through it. The powers of culture are bound up with literature, law
and cinema.

While law can sometimes be misused just like literature and film, it still helps to preserve
society's order and peace. Yet law has some loopholes that need to be reduced. This can be seen
by reading FRANZ KAFKA's "THE TRIAL." Also, KANOON's film depicts how powerful
authorities can manipulate law. Therefore, while law is a powerful tool for preserving order and
peace, we can see that it also needs some improvements so that it can never be misused. No
culture is flawless, and everything needs change to be good, and these changes can easily be
brought about with the aid of the influential law, literature and cinema trio.

REFERENCES

 https://www.thehindu.com/opinion/op-ed/the-links-between-law-and-
literature/article19951335.ece
 https://chicago.universitypressscholarship.com/view/10.7208/chicago/97802
26924946.001.0001/upso-9780226924939-chapter-2
 https://www.britannica.com/art/literature

 https://www.researchgate.net/publication/328203685_Literature_and_Cinem
a_Aspects_of_Interaction

 https://www.shmoop.com/the-trial-kafka/philosophical-viewpoints-
theme.html

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