It deals with the interdisciplinary connection between law and
literature It is derived from two important intellectual historical developments of Law 1. the growing doubt about whether law in isolation is a source of value and meaning or whether it must be plugged into a large cultural or philosophical or social-science context to give it value and meaning 2. the growing focus on the mutability of meaning in all texts, whether literary or legal Law In Literature & Law as Literature Law in literature (understanding enduring issues as they are explored in great literary texts) Law as Literature (understanding legal texts by reference to methods of literary interpretation, analysis, and critique). Law and Literature Movements effected the teaching methods, scholarship and interpretation of legal texts. The movement provides a fresh perspective in order to understand human condition It provides a new and dynamic approach to reaching the aims of providing a just and moral society. Historical Development of the Movement Perhaps first to envision the movement were John Wigmore and Benjamin Cardozo, who acknowledged "novelists and poets" as the principal teachers of law in the first half of the 20th century. Most scholars, however, credit James Boyd White as the founder of the law and literature movement The Legal Imagination (1973), is often credited with initiating the law and literature movement. The movement began attracting attention in the 1970s and by the 1980s had gained substantial ground in academia. The proponents of the law-in-literature theory, such as Richard Weisberg and Robert Weisberg, believe that literary works, especially narratives centered on a legal conflict, will offer lawyers and judges insight into the "nature of law" that would otherwise go missing in the traditionally strict study of legal rhetoric. In its early stages, the law and literature movement focused strictly on the law in literature theory; Law in literature the way in which legal situations are presented in literature. The literary writers are able to see the law independently. lesson to teach legal scholars and lawyers alike about the human condition, and the law's effect on it. authors like Franz Kafka, Albert Camus, Herman Melville, Fyodor Dostoevsky, and Charles Dickens. Robert Weisberg believes that the law in literature offers fertile possibilities. literature as a way of critiquing social institutions and legal norms. literature serves a purpose that allows for ethical development and growth within the student. Law as literature Law as literature scholars see value in the techniques employed by literary scholars. legal text as a form of literature thus making literary critique and analysis of it possible. It uses literary tools to interpret legal text; not the theme/subject matter Benjamin N. Cardozo was a proponent of law as literature. style could not be separated from substance, Cardozo brought the Judicial process to life in lucid, eloquent prose sprinkled with humor, anecdotes, and practical allusions." James Boyd White According to White, Jane Austen's Pride and Prejudice “is meant to teach the reader how to read his way into becoming a member of an audience it defines-into becoming one who understands each shift of tone, who shares the perceptions and judgments the text invites him to make, and who feels the sentiments proper to the circumstances. Both for its characters and readers, this novel is in a sense about reading and what reading means” Ronald Dworkin also supports the arguments in favor of the use of literature to improve legal understanding. In his article, Law as Interpretation, Dworkin stated, "I propose that we can improve our understanding of law by comparing legal interpretation with interpretation in other fields of knowledge, particularly literature." Criticisms of law and literature Richard Allen Posner: Law and Literature: A misunderstood Relationship Hisreadings are rather orthodox--even, at times, a bit literal- minded, The book can be seen as a reaction against the writings of Robin West, who has written substantially against Posner's economic take on legal interpretation. A powerful critic of the writings of White, Weisberg, and West, Posner sees literature as having no weight in the legal realm although he does hold the authors in high esteem. Posner writes, "Although the writers we value have often put law into their writings, it does not follow that those writings are about law in any interesting way that a lawyer might be able to elucidate.“ Posner does not believe in the use of literary discourse in jurisprudential debate. He denounced it by saying strong phrase "particularly eccentric.“ Posner writes that "law is subject matter rather than technique", and that legal method is the method of choice in legal realms, not a literary one. Literature talks about human condition not of legal setting Literary writers create their own world; Richard Delgado and Jean Stefancic were against White and his theory of certain famous legal cases in American history and agree with Posner on several issues. the actual impact of contemporary literature on the substance of judicial opinion-making is limited because judges distinguish legal texts According to Delgado and Stefancic, judges' moral positions are determined by normative social and political forces rather than by literature.