When it comes to understanding the relationship between law and literature, there are two major studies which enable us to understand the overlap between the two, in depth; these are “law in literature” and “law as literature”. In simple words, “law in literature” deals with legal principles contained in a literary work, on the other hand, “law as literature” refers to the criticism of literature. The concept of “Law and Literature” first appeared in Law and Critique, a book by Ian Ward.
It was published in the year 1993 and till date serves as the base for the overlap between law and literature. The growth of social media and online streaming platforms has widened the intersection of law and literature. As a result, having a thorough knowledge of the cultural, societal, economical, ethical, moral, creative and professional implications of law and literature is of paramount importance for the practicing advocates and other legal experts.
Althoughthe intersection of law and literature was less discussed directly, prior to Ian Ward articulating and theorizing the concept, it is not a newly realised intersection. The renowned English playwright, William Shakespeare has penneda number of plays, dramas and poetrieswherein this intersection is quite apparent. In fact, the overlap of law and literature has, interestingly, been a concept around which most of his work has revolved.
Be it The Merchant of Venice, Hamlet, The Life and Death of King John, Henry IV, Henry V among his other literary works, most of Shakespeare’s plays have had law and literature as one of their major themes. He is a pioneer of the idea of having law incorporated into literature. Thus, when it comes to exploring “Law in Literature”, one name which must immediately resonate with us, is that of William Shakespeare. Further, English literature in the subsequent years witnessed the rise of Charles Dickens, who too, had a great grip on incorporating law in his literary works.
Many of his short stories, novels and social critic journals have referenced common law and the implications of it. Bleak House, a novel by Charles Dickens, has been regarded as a “must read” for every law student. Besides Bleak House; Oliver Twist, Great Expectations and A Tale of Two Cities, too, have explored the presence of law in literature. Thus, making Charles Dickens an imminent name in the domain of law in literature.Another prominent persona in the exploration of “Law in Literature” is the widely read Russian author and novelist Fyodor Dostoevsky. It is highly impossible for a person who is engaged in the legal field, to not have heard of Fyodor Dostoevsky’s novels.
His work speaks of the law in a manner that would makeevery person inclined towards the field. His writings are so profound and articulate that, they would make every reader, either a law enthusiast or a literature enthusiast for sure. His most famous novel Crime and Punishment is the go-to read if one ever wishes to understand the thoughts, feelings and emotions, a person who sees certain crimes as justifiable, experiences. Apart from exploring law, his novels such as The Brothers Karamazov, Demons and The Idiot explore Roman Catholicism, atheism, moral nihilism and other political ideologies that were a ground of debate in the Tsar ruled Russia. Upon reading the works of these prominent writers and other writers inspired from them, we realise that law has always been an integral theme of literary accords. It has inspired literature as much as it has inspired the workings of the human society.
Coming to the concept of “Law as Literature”, as per Ian Ward, it basically is an interpretation technique. It refers to applying literary techniques to legal texts in order to better interpretate the texts. As it has been established that law and literature share a dynamic relationship and even overlap at times, it can be asserted that the two have certain similarities. One such similarity is that both deal with human behaviour. Both are an effort towards regulating and channelising human conduct in a manner that it maximises societal welfare.
Thus, it becomes integral for us to interpretate the legal texts correctly. Just as literary works often have metaphors and other rhetoric devices in them, legal texts, too, have a number of rhetorics. As a result, it becomes incredibly important for the advocates to interpretate the law in its most appropriate sense. Further, every criticism of legal texts comes within the ambit of “Law as Literature”. Whenever, we raise questions about the provision of any law or even demand the revocation of certain provisions, we are engaging with the idea of “Law in Literature”. The Legal Imagination, a famous publication by James Boyd White in the 1970s, explored law and literature with a great emphasis on “Law as Literature”.
James Boyd White explains in his publication, why is it important for the advocates view the legal documents with a humane and societal perspective as it would only enhance their understanding about both law and literature. When advocates are able to deeply comprehend the rationale behind the drafting and practical application of the various laws and their amendments, they will be able to present their arguments in an effective and efficient manner. Without having a deep understanding of the enacted legislations, no advocate would be able to exercise his power of bringing about societal welfare and societal upliftment. Justice would cease to be upheld.
Thus, law and literature intersect in a manner that has a very complex impact on the human society. They cannot be remotely used for human development; their intersection is integral. An interdisciplinary approach would widely encourage dialogue and in the long run reduce legal challenges and complexities. This was one of the primary ideas behind the growth of the law and literature movement in the 1970s. The movement opened a much -needed discourse in the field of law, which was its correlation with literature.
The debate profoundly welcomed many reforms that were long due in the functioning of law. Lastly, we often fail at realising that many law students were inspired to join the field due to the literature that they were exposed to. English classics have been serving as a source of inspiration for lawyers across generations. Thus, law and literature have always been intersecting at several domains and would always continue to intersect.
Author Name- Saniya Dave, a fourth-year law student at NMIMS Kirit P. Mehta School of Law, Mumbai.
