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RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

JURISPRUDENCE-I: PROJECT

RELATIONSHIP BETWEEN LAW AND LITERATURE

SUB-TOPIC: Analysing the Impact of Literature on Parts of the


Navtej Singh Johar Judgement

SUBMITTED TO: SUBMITTED BY:

MR. SACHIN SHARMA PRANAV AGARWAL


(ASST. PROF. OF LAW) ROLL NO.: 18222
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SEC: B, GROUP-20
ACKNOWLEDGEMENT

This project has been made possible because of the guidance and wisdom of my professor
Mr. Sachin Sharma. The resources provided by the university library have been instrumental
in enabling me with the knowledge demanded by the topic assigned.
I would like to thank my Professor for giving me the opportunity to work on this topic for the
assigned project.
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CERTIFICATE

This is to certify that Pranav Agarwal, Batch of 2018-23, Roll No. 18222 is a bona fide
student of Rajiv Gandhi National University of Law, Patiala and has written this project on
“Relationship between Law and Literature- Analysing the Impact of Literature on Parts of
the Navtej Singh Johar Judgement” under the supervision of Mr. Sachin Sharma.
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TABLE OF CONTENTS

Chapter Topic Page No.


No.
I. Introduction 5
1) Research Questions
2) Abstract
3) Research Methodology
II. The Law and Literature Movement 7

III. Relationship between Law and Literature 8

IV. Impact of Literature on Parts of the Navtej 11


Singh Johar Judgement

V. Conclusion 15

VI. References 16
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I. INTRODUCTION:
A. RESEARCH QUESTIONS:
1. Does there exist a relationship between law and literature? What is the nature of such
a relationship?
2. How does literature enhance the interpretation of law?
3. What was the impact of literature on the Navtej Singh Johar Judgement?

B. ABSTRACT:
Law can be found on the intersection among several planes. 1 One such intersection that has
garnered scholarly attention in recent times is the relationship between law and literature 2. A
great deal of effort has been expended by scholars in analysing this relationship, thereby
catalysing the “Law and Literature” movement, onwards the first half of the twentieth
century.3 With increasing permeation of law into each aspect of an individual’s existence, it
has indeed become difficult to treat law and literature as two unrelated subjects. 4

It is true that law concerns itself with reason and rationale. In fact some scholars have even
interpreted law to be strictly rational. 5 However, legal rules also involve moral & normative
content, rhetoric, values and ideas which the society considers correct 6. To the extent, that
law may lose all meaning in the absence of values. This is for the reason that it belongs to the
sphere of regulating human norms. Hence, evidently it is not completely devoid of aesthetics
or emotions as human nature is imbued with these ingredients. These factors thus necessarily

1
Martin Skop, Law and Literature- A Meaningful Connection, 4 Filozofia Publiczna I Edukacja Demokratyczna
6, 7-8 (2015).
2
Li Ching-Chang, The Research of Comparison between Law and Literature: As Illustrated by Kafka’s “The
Trial”, 3 National Taiwan University Law Review 67, 68 (2008).
3
Id; Kenji Yoshino, The City and the Poet, 114 YALE L.J. 1835, 1836 (2005); RICHARD A. POSNER, LAW
AND LITERATURE 5 (Harvard University Press Revised and Enlarged Ed., 1998); RICHARD WEISBERG,
POETHICS, AND OTHER STRATEGIES OF LAW AND LITERATURE (Columbia University Press, 1992);
MARTHA C. NUSSBAUM, POETIC JUSTICE: THE LITERARY IMAGINATION AND PUBLIC LIFE
(Beacon Press, 1995); IAN WARD, LAW AND LITERATURE: POSSIBILITIES AND PERSPECTIVES
(Cambridge University Press, 1995); PETER BROOKS & PAUL GEWIRTZ (EDS.), LAW’S STORIES:
NARRATIVE AND RHETORIC IN THE LAW (Yale University Press, 1996); ANTHONY G. AMSTERDAM
& JEROME BRUNER, MINDING THE LAW (Harvard University Press, 2000); GUYORA BINDER &
ROBERT WEISBERG, LITERARY CRITICISMS OF LAW (Princeton University Press, 2000); PETER
BROOKS, TROUBLING CONFESSIONS: SPEAKING GUILT IN LAW AND LITERATURE (University Of
Chicago Press, 2000); JEROME S. BRUNER, MAKING STORIES: LAW, LITERATURE, LIFE (Farrar,
Straus, And Giroux, 2002).
4
Supra note 2.
5
PIERRE BOURDIEU, LANGUAGE AND SYMBOLIC POWER 42 (trans. Gino Raymond, Matthew
Adamson, Polity Press, Cambridge 1991)
6
Supra note 1.
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influence law. Reliance, of eminent jurists and judges, on literature when interpreting the law
and authoring judgements only substantiates this argument.

On the other hand, literature has the ability to provide distinct and unique insight into the
human condition. It may delve into idealism and utopias, or be immersed in hard-hitting
realities. It has performed the role of narrating and defining the human experience throughout
history. Literary texts when amalgamated with legal framework may have far reaching
implications, in academia and judicial interpretation of law itself. A dynamic approach to a
just society may be traced by taking the letter of the law to the common man through
ordinary texts. This is the reason why the “Law and Literature” movement has been the
centre of academic discussion. However, this has not been without a fair degree of criticism,
with scholars like Posner7 outrightly rejecting any meaningful relationship.

This article shall focus on this aesthetic dimension of law, where an overlap of law with
literature exists. Naturally, the central argument would not be that law cannot exist without
literature. Rather, it shall emphasize as to how literature can cultivate, or at least assist law
and legal workers. To this end, the relationship and interaction of the two fields will be
examined. The premise of the “Law and Literature” movement would be discussed briefly as
well, relying primarily on Nicole Thomopson’s analysis of it in her dissertation 8. This article
however, shall not delve into the depths of arguments of the law and literature movement,
since such a study is beyond the scope of the research question. Parts of the ‘literature-rich’
Navtej Singh Johar v. Union of India 9 judgement shall also be analysed as a case study, to
evince and support the stance that literature can indeed enhance the interpretation of the law.
The works presented on this topic by scholars like Justice A.P Shah (CJ Delhi High Court),
Martin Skop, Li Ching-Chang, Nicole Thompson, Richard A. Posner, Richard Weisberg et al,
as discussed in brief above shall be relied upon. To analyse the Johar Judgement, a paper by
Alternative Law Forum, Bangalore shall be primarily relied upon.

7
Supra note 3; Richard Posner, Law and Literature: A Relation Reargued, 72 Va L Rev 1351 at 1351, 1355-
1359 (1986).
8
Nicole Thomopson, Follow the Reader: Literature’s Influence on the Law and Legal Actors, University of
Otago.
9
(2018) 1 SCC 791; Hereinafter ‘Johar’ Judgement.
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Thus, the object of this article is thus to analyse the complex but rather interesting inter-
connections of law with literature.
C. RESEARCH METHODOLOGY:
The presented article will follow the ‘Doctrinal Method’ of research and will involve
consultation with both primary and secondary sources. The primary sources shall include the
case law relevant to topic at hand. The secondary sources will include reference to
commentaries, books, research papers and articles to analyse the primary research. The
format of citation will be Harvard Bluebook 19th ed.

II. THE LAW AND LITERATURE MOVEMENT:

Law and literature come together in various ways. 10 Many literary texts take legal themes and
examine legal issues; a number of writers engage in writing both legal and literary texts;
several judgments cite works of literature.11 This convergence has led to the birth of this
movement, and scholars believing in a meaningful relationship between the fields.

The movement must be viewed in background of the debate as to whether law is just a set of
rules or part of a wider social context. 12 Instead of accepting the rule-bound conception of
law, scholars in movement believe that the law can be seen as having a natural affinity with
literature.13 Wigmore and Cardozo are primarily credited with pioneering and reinvigorating
the modern law and literature movement. 14 Wigmore re-examined the connection between
law and literature by studying and chronicling novels with legal themes, in 1908. 15 In 1925,
Cardozo J explored the idea of using literary tools to effectively examine and create judicial
opinions.16 It was in 1973, that the movement really took flight with the publication of

10
RICHARD POSNER, LAW AND LITERATURE xi (3rd ed., Harvard University Press, United States of
America, 2009).
11
Id.
12
Supra note 8; Jeanne Gakeer, Law and literature, <http://ivr-enc.info/index.php?title=Law_and_Literature>;
ANTHONY JULIUS, INTRODUCTION IN MDA FREEMAN AND ADE LEWIS (EDS) LAW AND
LITERATURE (Oxford University Press, Great Britian 1999).
13
John Cole, Thoughts From the Law of And Literature, 39 Mercer Law Review 907 (1988) as cited in James
Boyd White, Introduction to Symposium - Law and Literature: ‘No Manifesto’, 39 Mercer Law Review 739
(1987-1988).
14
William Dominarski, Law-Literature Criticism: Charting a Desirable Course with Billy Budd, 34 J Leg Ed
702 at 702 (1984); Anthony Musante, Black and White: What Law and Literature Can Tell Us About the
Disparate Opinions in Griswold v Connecticut, 85 Or L Rev 853 at 856- 858 (2007).
15
Id.
16
Id; Benjamin Cardozo, Law and Literature, 48 Yale LJ 489 (1939).
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White’s book ‘The Legal Imagination’. The book aimed at teaching law students a new of
reading and understanding language through literature. 17 The book provided impetus to the
subject, and several scholars have written on it since.

The movement began with scholars excited at the idea of connecting the disciplines of law
and literature; but also met great opposition from proponents of economic models of law. 18
Over time, this resistance has gradually reduced. Even Posner, initially one of the greatest
opponents of the movement has adopted a less negative standpoint.

Today, the movement surrounds the discussion of meaningful contribution of the two
disciplines to each other. Law includes legal documents, concepts, precedents, legal
professions and actors; whereas literature refers to books, novels, prose and poems. Two
strands of the movement that had traditionally emerged, continue to hold relevance: ‘law in
literature’ and ‘law as literature.’ 19 ‘Law in literature’ focuses on how literature depicts the
law and legal situations, looking at what reading literature can do for the law and legal
scholars and practitioners.20 ‘Law as literature’ studies legal texts using literary concepts and
techniques, drawing similarities between literary and legal texts in an effort to better legal
writing.21 However, modern scholars such as Baron have found these strands in themselves
inadequate and attempted new divisions.

Yet, the relationship of the two fields remain uncertain. Questions have been raised as to
what the purposes of the movement were, what the categories in the movement are, what has
been achieved and so on.22 After testing the assumption of interdisciplinarity between the
fields, the relationship of meaningful connection if any, will be examined in the next section.

III. RELATIONSHIP BETWEEN LAW AND LITERATURE:

A. EXAMINING THE ASSUMPTION OF INTERDISCIPLINARITY:


17
JAMES BOYD WHITE, THE LEGAL IMAGINATION (University of Chicago Press, United States of
America, 1985).
18
Supra note 7.
19
Supra note 8; Gary Minda, Law and Literature at Century's End, 9(22) Cardozo Studies in Law and Literature
245 at 255 (1997).
20
Id.
21
Id.
22
Id.
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Interdisciplinarity refers to combining of two or more disciplines into one activity, drawing
upon each other to cross traditional boundaries. 23 Increasing number of scholars simply claim
or assume to be doing interdisciplinary work, without realizing the parameters needed to be
fulfilled to that end.

B. EXISTENCE OF BORDERS BETWEEN THE DISCIPLINES AND CROSSING THEM:


It is argued that the foremost challenge to interdisciplinary study of law and literature is that
law has nothing to gain from literature as it already encompasses the traits and tools that
authors use in literature.24 In addition to Posner, Duong argues that the two disciplines are
“divergent and incompatible”25.
Contrarily, scholars like Baron reject rigorous and strict boundaries between the two fields,
and argue that since tools of one field can be used in the other, hence their relationship is
interdisciplinary. Furthermore, the characterization of law as analytical, unemotional, and an
“empty domain composed mainly of rules”; and literature as nuanced, emotional, and
complex, is a misnomer.26
Baron doubts the descriptions showing law as just dry and technical rule manipulation, and
literature as a rich and textured examination of emotions. 27 She writes that the law can be full
of emotions, value, and general “human messiness”; and that literature is not always
emotional.28
Thus, despite challenges to interdisciplinarity, it may be concluded that the two disciplines
are capable of interdisciplinary borrowing, and have enough in common to allow this
compatibility. It flows from the above discussion that, the notion that law and literature are
absolutely divergent fields, incapable of compatibility is untenable.

23
Nissani M, Fruits, Salads, and Smoothies: A Working definition of Interdisciplinarity, 29 (2) The Journal of
Educational Thought (JET)/Revue de la Pensée Éducative, 121–128, JSTOR 23767672, (1995).
24
Sarah Krakoff, Does "Law and Literature" Survive Lawyerland? 101 Colum L Rev 1742 (2001).
25
Wendy Nicole Duong, Law is Law and Art is Art and Shall the Two Ever Meet? Law and Literature: The
Comparative Creative Process, 15(1) Southern California Interdisciplinary Law Journal 1 (2005).
26
Jane Baron, Law, Literature, and the Problems of Interdisciplinarity, 108 Yale LJ 1059 at 1060-1066 (1998-
1999).
27
Id.
28
Robert Weisberg, The Law-Literature Enterprise, Yale Journal of Law & the Humanities at 17-18 as cited in
Baron at 43 (1988).
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C. SIMILARITIES: 29

Sr. No. Commonality Relationship


1. Common domain of study Both are creations of humans and target ‘human
and society’ as their research structure.
2. Same functions They both deal with relations between humans
and society and perform the function of
idealizing human society.
Literature serves the function of education, self-
expression, compassion, self-searching, life,
feeling, and healing. Literature inspires people’s
minds.
The obligation of law is to limit humans’
behaviour, and resolve human conflict.
3. Same methods of study The close relationship between Law and
Literature is revealed in their methods of
explanation, description, readings, and
expression. Both use words and rhetoric to
express human’s experiences and stories.

D. DIFFERENCES:30
Sr. No. Differences Relationship
1. Different characteristics Both disciplines use different vocabularies to
express different things.
Literature expresses human emotion and
personality in voice of the author, hence is
subjective.
Law on the hand, creates rules of human
behaviour: clear and stable.
2. Different foundations. Literature is based in uniqueness of thought and
literary words. While law is based in logic and

29
Supra note 2.
30
Id.
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reason, needed to regulate human behaviour.

Having analysed the nature of the relationship between law and literature, it is clear that
literature certainly has role to play in cultivating law. Literature’s role in society cannot be
precluded from participating in legal change. To evince this, the role of literature in the Johar
Judgement will be analysed hereunder.

IV. IMPACT OF LITERATURE ON PARTS OF THE NAVTEJ SINGH JOHAR JUDGEMENT:

A. INTRODUCTION:
The 6th of September 2018 marked a historic victory for a vibrant and vociferous LGBT
movement, which several years had been demanding the repeal of Section 377 of the Indian
Penal Code. The Supreme Court in its decision in Navtej Singh Johar v. Union of India 31,
read down the 1860 law criminalising the lives of LGBT persons.32

The reason for taking up this judgement in particular for the purposes of this case study, is
that the instant case was rife with emotional force and passions of the liberal-progressives on
the one hand and the want to preserve culture by traditional-orthodoxy’s on the other. The
country and the world, looked to the Five-Judge Constitution Bench, comprising of Dipak
Misra, CJI; Rohinton Fali Nariman, J.; A. M. Khanwilkar, J; D. Y. Chandrachud, J; and Indu
Malhotra, J. to interpret the Constitution in a manner to protect individualism, liberty and
dignity of an entire community; in other words to fulfil the purposes it sought to achieve. The
bench was unanimous in its verdict.

The notable point is that the judgements produced by Dipak Misra, CJI and A. M.
Khanwilkar, J., Rohinton Fali Nariman, J., D. Y. Chandrachud, J; and Indu Malhotra, J. were
written not with cold logic but an emotional force of someone who is extremely moved by
witnessing the unconscionable suffering inflicted on LGBT communities. The bland letter of
the law was made to come alive, with frequent references and quotations from poetry and
literature.

31
Supra note 9.
32
Alternative Law Forum, Bangalore, India, Navtej Singh Johar v. Union Of India: A Transformative
Constitution and the Rights of LGBT Persons, 2018.
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This judgement served as an apt example to make the case for the overlap and relationship of
law and literature, if not for interdisciplinarity.

B. TONALITY OF THE JUDGEMENT:


The tonality of the Judges, is one of empathy and apology, of emotion ; in stark contrast to
the Suresh Kumar Koushal Judgement33, wherein judges were adamant that the law
criminalised sexual acts and not identities. The judges had contemptuously observed that
LBGT persons were anyway a “minuscule minority” whose rights they referred to
dismissively as “so-called rights”. The judges who heard Johar were clear that Section 377
affected not only sexual acts but LGBT persons, that the right to privacy and dignity were
real rights which applied to LGBT persons and that constitutional morality mandated that the
rights of every minuscule minority were deserving of constitutional protection.34

This sentiment is best captured by Malhotra J. who says, “history owes an apology to the
members of this community and their families, for the delay in providing redressal for the
ignominy and ostracism that they have suffered through the centuries”.

An apology in essence has two dimensions, namely the acknowledgment of having done a
wrong and the expression of a willingness to atone for it. 35 Thus, in a rare but pleasant
departure from convention, the usually expressed sentiments of pity or indifference, were
instead met with acknowledgement of complicity and intention to atone.

The apology tendered in Navtej Singh Johar appears to draw it’s strength and force from the
other important apologies made for historic injustices; be it by Germany to the Jews, by
Canada to its indigenous inhabitants, by South African apartheid enforcers to those who
suffered under their rule, and by the expression of “regret” by Britain for the spread of anti-
sodomy laws in the Commonwealth.

However, the acknowledgement and apology will have meaning only if the egregious wrongs
are redressed. In rather poetic fashion, as Chandrachud J. puts it, “It is difficult to right the
wrongs of history. But we can certainly set the course for the future. That we can do by
33
(2014) 1 SCC 1.
34
Supra note 32.
35
Id.
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saying, as I propose to say in this case, that lesbians, gays, bisexuals and transgenders have
a constitutional right to equal citizenship in all its manifestations.”

The evocative nature of the judgement is clear from some of the above quotations. This hints
at literature’s role in enhancing the interpretation of law. The following sub-section shall note
as to how complex concepts of constitutional law such as Transformative Constitution,
Individual Liberty and Constitutional Morality, were simplified through the use of literature.

C. TRANSFORMATIVE CONSTITUTION, INDIVIDUAL LIBERTY TO LOVE AND


CONSTITUTIONAL MORALITY SIMPLIFIED THROUGH LITERATURE:

The judgement of Dipak Misra, CJI and A. M. Khanwilkar, J. began by quoting the great
German thinker, Johann Wolfgang von Goethe who had said, “I am what I am, so take me as
I am”. The judgment also quoted Arthur Schopenhauer who had said “No one can escape
from their individuality.”
Referring to the Indian Constitution, under a sub-heading “The Constitution – an organic
charter of progressive rights", the judges note: “A democratic Constitution like ours is an
organic and breathing document with senses which are very much alive to its surroundings,
for it has been created in such a manner that it can adapt to the needs and developments
taking place in the society.”
Under a sub-heading titled, “Transformative constitutionalism and the rights of LGBT
community”, the judges note: “The ultimate goal of our magnificent Constitution is to make
right the upheaval which existed in the Indian society before the adopting of
Constitution…..Therefore the purpose of having a constitution is to transform the society for
the better and this objective is the fundamental pillar of transformative constitutionalism.”

Very beautifully Chief Justice Misra uses literature to explain the protection of liberty under a
transformative constitution in context of this case.

Similarly, in an evocative section Chandrachud J. quotes Leila Seth C.J. to make the point
that “what makes life meaningful is love”. The right to love and preservation of Constitutional
Morality emerges as a key aspect of the judgment with Chandrachud J. recognizing that, “the
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right to love and to find a partner, to find fulfilment in a same-sex relationship is essential to
a society which believes in freedom under the constitutional order based on rights.”

Chandrachud J. begins by quoting a poem written by Vikram Seth on the wrong perpetrated
by Suresh Kumar Koushal, in a section titled “An Equal Love”.

“Through Love's Great Power


Through love's great power to be made whole
In mind and body, heart and soul –
Through freedom to find joy, or be
By dint of joy itself set free
In love and in companion hood:
This is the true and natural good.
To undo justice, and to seek
To quash the rights that guard the weak –
To sneer at love, and wrench apart
The bonds of body, mind and heart
With specious reason and no rhyme:
This is the true unnatural crime.”

The use of this poem, truly and wholly encapsulates the crux of the law and literature
relationship. A poem with a legal theme, is used by a legal actor to interpret and simplify a
complex constitutional question, represents the interdisciplinary borrowing and partial union
of law and literature.

Nariman, J. too begins by remembering Oscar Wilde - “The love that dare not speak its
name” is how the love that exists between same-sex couples was described by Lord Alfred
Douglas, the lover of Oscar Wilde, in his poem Two Loves published in 1894 in Victorian
England.

While the judgment in Navtej Singh Johar is an extraordinarily powerful judgment in terms
of the way it develops the rights to equality, non-discrimination, privacy, dignity and
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expression, the aforementioned analysis of parts of this judgment, in light of this article,
clarify truly the essence of the law and literature movement.
V. CONCLUDING REMARKS:

“The law and literature movement may be plagued with uncertainty, but buried within the
various aims and ideas that make up the matrix of the law and literature movement there are
strong arguments for how literature can benefit law. Despite strong resistance, authors within
the movement have provided powerful foundations for their claims and good examples to
support their arguments.”36 This article analysed the law and literature movement in brief, and
then examined the relationship of the two disciplines, testing if they were compatible.

The results were unsurprising. While the relationship may not extend to the limits of
interdisciplinarity, compatibility was found in the disciplines. It can be concluded that
literature can increase the ability to perceive a text and thus, in turn, improve interpretation
and composition of legal texts.37 Even A.P Shah, C.J notes in his article, ‘The Links Between
Law and Literature’38, that “Critical theory, so central to the study of literature, is also an
invaluable tool for the study of law, with both requiring a keenness for detail. Finally, law
itself also regulates certain fundamental aspects of literature, such as through the law of
copyright.”

The analysis of the Johar Judgement, concretized these findings. Thus, the research question
may be answered in the affirmative, that literature does indeed enhance the interpretation of
the law.

36
Supra note 8.
37
Supra note 1.
38
A.P Shah, The Links Between Law and Literature, The Hindu, October 31, 2017.
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VI. REFERENCES:
Martin Skop, Law and Literature- A Meaningful Connection, 4 Filozofia Publiczna I
Edukacja Demokratyczna 6, 7-8 (2015).

Li Ching-Chang, The Research of Comparison between Law and Literature: As Illustrated by


Kafka’s “The Trial”, 3 National Taiwan University Law Review 67, 68 (2008).

Kenji Yoshino, The City and the Poet, 114 YALE L.J. 1835, 1836 (2005); RICHARD A.
POSNER, LAW AND LITERATURE 5 (Harvard University Press Revised and Enlarged
Ed., 1998); RICHARD WEISBERG, POETHICS, AND OTHER STRATEGIES OF LAW
AND LITERATURE (Columbia University Press, 1992); MARTHA C. NUSSBAUM,
POETIC JUSTICE: THE LITERARY IMAGINATION AND PUBLIC LIFE (Beacon Press,
1995); IAN WARD, LAW AND LITERATURE: POSSIBILITIES AND PERSPECTIVES
(Cambridge University Press, 1995); PETER BROOKS & PAUL GEWIRTZ (EDS.),
LAW’S STORIES: NARRATIVE AND RHETORIC IN THE LAW (Yale University Press,
1996); ANTHONY G. AMSTERDAM & JEROME BRUNER, MINDING THE LAW
(Harvard University Press, 2000); GUYORA BINDER & ROBERT WEISBERG,
LITERARY CRITICISMS OF LAW (Princeton University Press, 2000); PETER BROOKS,
TROUBLING CONFESSIONS: SPEAKING GUILT IN LAW AND LITERATURE
(University Of Chicago Press, 2000); JEROME S. BRUNER, MAKING STORIES: LAW,
LITERATURE, LIFE (Farrar, Straus, And Giroux, 2002).

PIERRE BOURDIEU, LANGUAGE AND SYMBOLIC POWER 42 (trans. Gino Raymond,


Matthew Adamson, Polity Press, Cambridge 1991)
Richard Posner, Law and Literature: A Relation Reargued, 72 Va L Rev 1351 at 1351, 1355-
1359 (1986).

Nicole Thomopson, Follow the Reader: Literature’s Influence on the Law and Legal Actors,
University of Otago.

(2018) 1 SCC 791; Hereinafter ‘Johar’ Judgement.

RICHARD POSNER, LAW AND LITERATURE xi (3rd ed., Harvard University Press,
United States of America, 2009).
17 | P a g e

Jeanne Gakeer, Law and literature, <http://ivr-enc.info/index.php?


title=Law_and_Literature>; ANTHONY JULIUS, INTRODUCTION IN MDA FREEMAN
AND ADE LEWIS (EDS) LAW AND LITERATURE (Oxford University Press, Great
Britian 1999).

John Cole, Thoughts From the Law of And Literature, 39 Mercer Law Review 907 (1988) as
cited in James Boyd White, Introduction to Symposium - Law and Literature: ‘No
Manifesto’, 39 Mercer Law Review 739 (1987-1988).

William Dominarski, Law-Literature Criticism: Charting a Desirable Course with Billy


Budd, 34 J Leg Ed 702 at 702 (1984); Anthony Musante, Black and White: What Law and
Literature Can Tell Us About the Disparate Opinions in Griswold v Connecticut, 85 Or L
Rev 853 at 856- 858 (2007).

Benjamin Cardozo, Law and Literature, 48 Yale LJ 489 (1939).

JAMES BOYD WHITE, THE LEGAL IMAGINATION (University of Chicago Press,


United States of America, 1985).

Gary Minda, Law and Literature at Century's End, 9(22) Cardozo Studies in Law and
Literature 245 at 255 (1997).

Nissani M, Fruits, Salads, and Smoothies: A Working definition of Interdisciplinarity, 29 (2)


The Journal of Educational Thought (JET)/Revue de la Pensée Éducative, 121–128, JSTOR
23767672, (1995).

Sarah Krakoff, Does "Law and Literature" Survive Lawyerland? 101 Colum L Rev 1742
(2001).

Wendy Nicole Duong, Law is Law and Art is Art and Shall the Two Ever Meet? Law and
Literature: The Comparative Creative Process, 15(1) Southern California Interdisciplinary
Law Journal 1 (2005).

Jane Baron, Law, Literature, and the Problems of Interdisciplinarity, 108 Yale LJ 1059 at
1060-1066 (1998-1999).

Robert Weisberg, The Law-Literature Enterprise, Yale Journal of Law & the Humanities at
17-18 as cited in Baron at 43 (1988).

Alternative Law Forum, Bangalore, India, Navtej Singh Johar v. Union Of India: A
Transformative Constitution and the Rights of LGBT Persons, 2018.

A.P Shah, The Links Between Law and Literature, The Hindu, October 31, 2017.

(2014) 1 SCC 1.

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