Literature and Law

 Literature and Law

Introduction

Literature and law are no different than our blood and heart. Literature is the blood that the law pumps. Literature fuels the law for it to become centered on humanity and justice, which exudes inclusivity and impartiality. In the eyes of the law, all are equal, same goes for literature. Literature reminds us of our humanity and urges us to act on it. Law, on the other hand, requires us to be humane through sundries of legal rules and regulations, prohibiting us from performing arbitrary acts. Therefore, law is the system that governs people, while literature is an artistic expression that meditates on societal reality.

Literature and law are interwoven in an inscrutable way. If one tries to pull an out-of-place thread in the woven tapestry of literature and law, the entire fabric will start to lose and unravel. Literature shares the collective experience of people from all walks of life in different periods. Law is the reflection of those experiences. Thus, if one is extracted from the other, everything might be disarrayed.

In an online journal, Jus Corpus Law Journal, the author stipulated that "if law and literature are compared, the idea of law is to regulate human relationships and peace. The literature documents human experiences and relationships and articulates them to the voice of creative freedom and passion." The law helps the authors to draw inspiration from ethical, moral, and philosophical issues on justice. Literature inspires the law. It's a cycle.

 

This article is anchored on the understanding of the two main categories of the relationship between law and literature:

 

Law in Literature

The law in Literature can also be viewed from the perspective of Literature in Law. This explores the portrayal of legal themes in literature, crime noir, and other graphics for instance. In most of the written works that involve law, the justice system is often perceived as a multifaceted system that is both omnipotent and flawed.

Law is a frequent subject of literature, and literary works often include legal themes and motifs. Some of the most well-known legal dramas include John Grisham's "The Firm" and "The Pelican Brief," Scott Turow's "Presumed Innocent," and Harper Lee's "To Kill a Mockingbird." In these works, the legal system is portrayed as complex and often flawed, with themes such as justice, power, and corruption at the forefront.

Similarly, many literary works have explored the legal system in more nuanced ways. For example, in Fyodor Dostoevsky's "Crime and Punishment," the protagonist commits a murder and must grapple with the consequences of his actions, including the moral and legal implications. Similarly, in Franz Kafka's "The Trial," the main character is arrested and put on trial without knowing what he has been charged with, highlighting the Kafkaesque nature of the legal system.

 

 

The Trial by Franz Kafka

"The Trial" is one of Franz Kafka's most famous works, exploring the absurdity and arbitrariness of the legal system. The novel follows the protagonist, Josef K., as he is arrested and put on trial for a crime, he does not know the nature of. The novel is often interpreted as a critique of the bureaucracy and power structures of early 20th-century Europe, but it also highlights the limitations and failures of the legal system to provide justice for its citizens.

Kafka's depiction of the legal system in "The Trial" has influenced legal and political theorists, who have used the novel as a source of inspiration for discussions on power, justice, and the nature of the state. The novel's exploration of the relationship between the individual and the state has been particularly influential, with many legal philosophers drawing on Kafka's work to explore the tension between individual rights and state power.

 

Law as literature

                In the context of Law as Literature, law is considered as literature itself. It goes beyond legal themes in literary work.

This interdisciplinary project analyses legal texts, such as statutes, judicial opinions, and contracts. And it uses the same tools and methods applied to literary texts. By exploring the narrative, rhetoric, and linguistic structures within legal documents, scholars can gain a deeper understanding of the strategies used to persuade, argue, and convince readers.

This approach acknowledges the similarities between law and literature, both of which require the interpretation and construction of meaning. Interdisciplinary studies of law and literature provide valuable insights into the power of language when shaping our understanding of justice and societal norms. By examining law as literature, scholars can appreciate the intricacies of legal concepts and the importance of clear, persuasive communication in the field of law.

 

These two categories highlight the ways law is presented in literary works and the way legal documents adopt literary elements and techniques.

 

Key Concepts

Historical Context

Literature unearths the changes in societal values and norms over time, including those related to law. Literary works often reflect the situation in various eras. Through prose and poetry, the systems, values, and rules that people adhere to at a certain period are recorded. Literature did not only immortalize the beautiful tales several centuries ago but also the way their laws worked back then.

Early literature had a propensity to view law as divine or handed down by a higher power. For instance, the story of Daniel in the Lion's Den is found in Biblical books. The wise men knew Daniel prayed to God, so they tricked the king into making a new law. They told King Darius to make a new law in which people could worship and pray to only the king and if they worshipped or prayed to other gods, they would be thrown into the den of lions. The starving lion would eat and kill the lawbreaker. This one is an example of an old legal system.      

As societies became more civilized, these perceptions changed. New stories emerged carrying information about more secular and humanistic approaches to law.

One notable example of the palpable recalibration in the legal system is the Elizabethan period. At that time, literature depicting legal issues was prevalent. Various societal concerns were unveiled to the public through literature, such as:

•laws on property

•marriage

•tyranny

 

The bout of change in the law provided fertile ground for authors to explore legal matters through literature, particularly in plays and poetry.

 

Cultural Contests

The linkage of literature and law can be seen in cultural contests. Literature ponders and challenges societal norms, including but not limited to legal principles. Throughout history, writers have scrutinized prevailing ideologies and practices. Through:

•subtly exposing dubious perspectives

•revealing the repercussions of a law

•abrogating beliefs and promoting alternative perspectives

 

Questions emerge when the mind is well-fed with knowledge. When we read literature, our minds will try to learn, unlearn, and relearn, propelling us to challenge existing beliefs. In the context of Philippine literature, the novels written by Dr. Jose Rizal evoked a sense of nationalism in us, fueling us to do away with the culture and traditions that have been forced upon us by our colonizers. In a way, it inspires the law to be more humane. It was revolutionary and will always be. Words have power because they can change rigged systems.

 

Narrative and Interpretation

Analysis and narration are essential in both literature and law. In literature, storytelling ensnares the readers. While in law, narrative is important to shape the basis of a lawsuit or story. Storytelling enables us to empathize with what we are reading or listening to. Inside the courtroom, narration is significant because it allows lawyers and judges to present their case persuasively. By deliberately articulating specific aspects of facts most cohesively, the Judge can be swayed.

Of course, with narrative comes analysis. Both in literature and law, analysis is pragmatic to evaluate a narrative, or in law, the statement. Critiques measure the strength and reliability of a statement, extracting meanings and ideas from a literary text or a case text. Even in law, the people included in a case text are analyzed to determine their significance in the larger themes and issues in a statement. This is like the analysis that takes place in a literary theory.

 

Intellectual Property and Censorship

The law affects literature in a cornucopia of ways. Law is the reason for the freedom that writers experience, but it is also the one responsible for the restraints in the literary field. In the Philippines, Republic Act No. 8293, or the Intellectual Property Code, protects gifted individuals, like writers, from potential exploitation of their craft. This code not only helps the ingenuity of the artists but also fosters the creativity of an individual.

However, the legal mechanism for censorship has the potential to wane and stifle the writer's self-expression through art and their flow of ideas.

 

All in all, the interconnectedness between literature and law is irrevocable. Some legal ideas can be traced to literature, and some literary pieces are inspired by the law. Though they may seem different, law and literature still have some common ground.

Written by Nova Mae Beldad

 

Sources:

Law and Literature on JSTOR. (2009). www.jstor.org. https://www.jstor.org/stable/j.ctvjhzpk6

law in literature definition · LSData. (n.d.). https://www.lsd.law/define/law-in-literature

Schenck, M. J. (2013). Reading Law as Literature, Reading Literature as Law: A Pragmatist’s approach. Cahiers De Recherches Médiévales Et Humanistes, 25, 9–29. https://doi.org/10.4000/crm.13061