Law and Literature

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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1.

It is healthy to begin my presentation by talking about the

journal and its importance.

doctrine and theory, and transnational subjects.

with the languages and logic of the law.

1. Common domain of study

2. Their functions are the same

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

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

3. Their methods of study are the same

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

5. The interaction of Law and Literature:

writing, and speaking,

institutions that structure reality through language.

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

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.

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

the nature of legal style and rhetoric.

study that challenges standard legal interpretation canons.

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

clients' sorrow, fragility, anxiety if not panic.

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

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

the pattern of Dickens’s portrayal of lawyers.

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

has an illegitimate child.

12. Jarndyce v. Jarndyce

consumed the whole property

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