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13 Dec

Write on the Importance of Literature in Legal Studies

Literature is more than telling stories and gossiping. Literature reflects human empathy for difficult and difficult life. It`s a unique sound. When literature is used in world songs or in the mouths of political parties and newspapers, it becomes nothing more than a medium. Then literature ceases to fulfill its original purpose. Law and literature have the same purpose. Both deal with the interaction between “society and culture”. Both are committed to idealizing people and society. Their main task is to change the world of humanity. Education, compassion, self-love, healing, and humanization are all functions of literature. People`s minds are inspired by literature.

It makes us fantasize about an ethical and peaceful world. Both law and literature use the same form of explanation. Literature uses literary vocabulary to present works of art. The goal is a coherent approach and execution of the entire frame within the framework of the artistic value of the work. Legal theories, on the other hand, would follow two conditions. Legal explanations must be useful. Because of this rule, the importance and significance of the profession must also be expressed. The importance and uniqueness of literature and law become clear when explained. Both discuss the intention to achieve their respective goals. Perhaps the first to envision the movement were John Wigmore and Benjamin Cardozo, who recognized writers and poets as the most important law professors of the first half of the 20th century. However, James Boyd White is considered the founder of the legal and literary movement because of his dedicated research and outstanding publications in this field.

Among his many books and literary articles, his most famous publication is “The Legal Imagination”. This book is often credited with initiating the legal and literary movement. It was first published in 1973. This book is an amalgam of anthology and criticism, superficially resembling a collection of legal jurisprudence, but drawing on a much wider and more diverse range of sources, with top notes and questions highlighting the relationship between legal texts and literary analysis and the literary texts and legal issues they explore. [5] “We have done sensational tests that have become an integral part of our cultural repertoire, our cultural canon. We asked ourselves, what is the product of the work of the great lawyer? We were interested in cases that changed legal and popular culture, so we used cases that are themselves legends of their time or that have become the basis for films, novels and plays. In the eyes of the law, all are equal, and the same goes for literature. Literature humanizes people. While law sees us as subjects of legal exchange, literature brings out the humanity within us. Literature humanizes people for who they are.

It sheds light on the complexities of what constitutes our humanity, not their race, creed or status. Literature is lived through imagination, ingenuity, variation and interpretation, and a plethora of genres. Law, on the other hand, for consistency, scope of logical understanding, uniform model and formulation, and a wide range of subdivisions. The legal and literary movement focuses on the interdisciplinary link between law and literature. This field has its roots in two major developments in the intellectual history of law – first, the growing doubt as to whether law is a source of value and meaning in isolation, or whether it should be woven into a broad cultural, philosophical or social science context in order to give it value and meaning; and second, the increasing emphasis on the variability of meaning in all texts, whether literary or legal. Those working in this field emphasize one or the other of two complementary perspectives: law in literature (understanding persistent problems as explored in major literary texts) and law as literature (understanding legal texts with reference to methods of literary interpretation, analysis, and criticism). [3] Under these auspices, we can create laws of justice. Although there have been few famous classics written by many writers, legal works fall under a more general authorship because they reflect the whole of society and its culture. Posner argues that law is a subject rather than a technique, and that the legal method is the method of choice in legal fields, not a literary one.

Going further, Posner believes that literary works have no place in the legal debate because you can never really think about the original meaning of the author and that novels should only be considered in their context. He characterizes the discovery of laws in fiction as “incidental” and asserts that the main subject of a novel is always the human condition and not the legal framework. From this point of view, the legal context that Kafka and Albert Camus have created is simply that, background, and no longer makes sense beyond the environment they create. Despite the criticisms, it is quite clear that literature plays a very important role in jurisprudence. “The Stranger”, a novel by Albert Camus, deals with the virtues of truth, confronts the deceptions and falsifications of the law. We also learn about the judicial system at the time and the loopholes that exist as the trial for the murder of an Arab continues. In addition, the novel addresses the inevitable conflict between faulty legal proceedings and a man`s individual state of mind. [16] He has published numerous books: The Legal Imagination (1973), Constitutional Criminal Procedure (with James Scarboro, 1976), When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community (1984), Heracles` Bow: Essays in the Rhetoric and Poetics of the Law (1985), Justice as Translation: An Essay in Cultural and Legal Criticism (1990), “This Book of Starres”: Learn to read George Herbert (1994), Acts of Hope: The Creation of Authority in Literature, Law, and Politics (1994). From Expectations to Experience: Essays on Law and Legal Education (2000), The Edge of meaning (2001); and in 2006 Living Speech: Resisting the Empire of Force and an anthology, How Should We Talk About Religion? All these books played an important role in the growth of the legal and literary movement. Thanks to his efforts, literature is now taught to law students around the world. [9] Therefore, it is not wrong to call him the father of the legal and literary movement.

The works of William Shakespeare contain a remarkable amount of legal terms. Apart from that, they are also used very precisely. The use of legalese in Hamlet is quite impressive. But this is “The Merchant of Venice,” a controversial story about a Jewish moneylender that explores issues of justice and bias in legal systems. [18] Portia`s speech is still considered a classic today.