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1.

‫التعريف‬

2. On the Journal:

It is healthy to begin my presentation by talking about the

journal and its importance.

Law and Literature aim to publish exciting new work that richly connects legal ideas to

literary and cultural history, texts, and artefacts. The series showcases innovative,

interdisciplinary articles that engage with legal and literary forms, concepts, methods,

dispositions, and media and is open to a wide range of historical periods, literary genres, legal

doctrine and theory, and transnational subjects.

Articles published in Law and Literature will provide vigorous legal and literary analysis that

uncovers relations among legal methods in conjunction with the literary imagination. The

series editors seek innovative and interdisciplinary studies of every kind, including but not

limited to work that examines race, ethnicity, gender, national identity, criminal and civil law,

legal procedure and methods, digital media, intellectual property, economic markets, and

corporate power, while also foregrounding current interpretive approaches in the humanities,

using these methods as dynamic tools that are themselves subject to scrutiny. In this way, the

law in its concrete facticity and historicity will be illuminated using literary and cultural

methodologies. Those methodologies will, in turn, receive new vitality from their encounter

with the languages and logic of the law.


3. Affinity between Law and Literature

1. Common domain of study


Even though Law and Literature are two different areas, both fields are creations of

humans and target “humans and society” as their research structure. That is why their

relationship is so interlinked. There are many classics in which law is the subject to

the present. They describe the relations between law, humans, and society.

2. Their functions are the same


Law and Literature have the same function. They both deal with the relationship

between “humans and society.” Both of them are under the obligation of idealising

humans and society. Their primary function is to move and change humankind’s

world. Literature serves the role of education, self-expression, compassion, self-

searching, life, feeling, and healing. Literature inspires people’s minds. It makes us

dream about a beautiful world, ideal societies, and human justice.

3. Their methods of study are the same


The close relationship between Law and Literature is revealed in their explanation,

description, readings, and expression methods. This connection is most apparent in

that they both implement the use of words and rhetoric. They both gather human

experiences and stories. Beneath the strict language, they reflect the human world of

adventure.

4. The openness
The writers often like to describe behaviours that break the law and the injustice

of the law in their books. Especially the conflicts between emotion and reason and

between the natural and positive direction. Literature places more excellent value

on emotion. Law is more concerned with human behaviour and society. The

former is mystical and vague. The latter should be clear and stable. Law attempts

to become the communication medium between the Lawmakers and its readers.

So, we could say that the openness of Law is the same as in Literature

5. The interaction of Law and Literature:


1. The study of literature helps study the ethical nature of law;

Literary thought and practice offer insight into the human subjects in law.

2. are intimately related because each depends on language and a way of reading,

writing, and speaking,

Law and literature are both based on the idea that a language is a group of people who

talk about different things in a certain way. The world of literature is said to connect

the lawyers to the rest of the people they work with. Law and literature are both social

institutions that structure reality through language.


6. How can Law approach Literature:
There are now two primary strands of thought in this movement: law in literature

and law-as-literature.

7. Law-in-Literature: evolved from studying legal subjects and legal issues


in the classics of Western literature.

This approach evolved from studying legal subjects and legal issues in the classics of

Western literature. Advocates of literary jurisprudence claim that the great literature

books help understand standard legal themes, such as revenge or guilt. They are

thought to help learn about the hermeneutical possibilities developed from literary

insight about legal concepts, such as intentionalism, formalism, and objectivity. The

law-in-literature perspective views literary classics

such as Kafka's THE TRIAL or Melville's BILLY BUDD, SAILOR, as offering

lawyers and judges essential lessons about the law.

The writers use their “independent” thought on law, not sticking to or using

plagiarism in their writings. It is about how the writers see the law concerning

situations and incidents. This method is beneficial in highlighting the fertile

possibilities. It places value in literature for stimulating critical thought and theory.

These writings help the students to achieve a human understanding of the law. This

more or less brings out the concept of ‘Judicial adventurism’ through writings.

 
8. Law-as-Literature: uses a broader range of methods and theoretical
practices of literary criticism as a medium for analysing legal texts and exploring

the nature of legal style and rhetoric.

This branch of the movement emerged from the belief that storytelling is essential in

legal studies since the law is just another story to be interpreted. One variant of law-

as-literature uses storytelling and narrative techniques to provide a new type of legal

study that challenges standard legal interpretation canons.

This discipline is not like the previous one. The scholars of law as literature do not see

the fertile possibilities but instead, see only what is possible from the current law

scenario. Benjamin Cardozo, James White and Ronald Dworkin believe that law

should be treated as literature. Literature should be used to improve legal

understanding. Legal interpretation should be made as a literary interpretation

covering all other fields of knowledge.

9. Bleak House by Charles Dickens


Bleak House is, in the end, the law: how so-called practitioners avoid or fail to

prevent different temptations; and how a particular lawyer explains his profession,

comes to terms with his perceived duties and reacts in mind and heart to his

clients' sorrow, fragility, anxiety if not panic.

Law plays a significant part in novels and plays. Law's worth may be assessed via

various mediums. We may learn more about the significance of the rule and its

timing by looking at it from this angle. We get a deeper understanding of human

nature and the bonds that bind us together. 8 It's clear when we examine the issue

"As Law in Literature" that this approach has logical steps. Our legal system and
the true meaning of these regulations may be explained through clues and

explanations. We may learn about the role of law through studying classics and

plays. It isn't necessary to separate these two groups of people into such distinct

categories. Literature and the law are both studied in-depth in both disciplines.

Law and literature have many similarities, yet there are also significant

distinctions.

10. Lawyers
Dickens often included attorneys in the ethical conflicts he made a prominent part

of his most significant works. Dickens described many characters as lawyers in

his works, but nearly all of them may be condensed into the character of Mr

Tulkinghorn of Bleak House So; describing and analysing this example reveals

the pattern of Dickens’s portrayal of lawyers.

Tulkinghorn is entrusted with much personal information, which is necessary for him

to act on behalf of and in the interest of his client. He has access to confidential

information, being a “silent depository of family secrets”. The story of Bleak House

begins to graduate when Mr Tulkinghorn ceases to be “silent” about one of such

intimate family secrets. He tries to blackmail Lady Dedlock when he discovers she

has an illegitimate child.


11. Court House
The Court of Chancery was established to resolve disputes over wills, trusts, and

mortgages. The process through which a plaintiff may seek remedy, on the other

hand, was so complicated and twisted that a mere disagreement could go on for

decades.

12. Jarndyce v. Jarndyce 


the Chancery suit around which the plot of Dickens's Bleak House (1853) revolves,

and which over the years has destroyed the happiness and lives of most members of

the family involved as they become obsessed with pursuing their claims and waiting

for the long-expected judgement; in the end, the costs of the case are found to have

consumed the whole property

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