Law "As" Literature


Assuming law (e.g., treaties, constitutions, statutes, regulations and judicial opinions) is a genre of literature, what insights from literary criticism exist to better understand and interpret law, especially ambiguous or vague legal terms?

The resources in this category encompass the many methodologies literary critics have developed over centuries to address this question. These resources include law journal articles (e.g., published scholarship or practitioner articles), reviews (e.g., of books and dramatic performances), lecture notes (to assist in class presentations and study) and commentary (e.g., monologues and dialogs).

Broadly, the literary critical methodologies fit within one of three classifications: (1) Textual; (2) Contextual; and (3) Pragmatic.

How can they help shape the interpretation of problematic words and phrases in legal instruments? Can these methodologies help “issue spot” issues of meaning in the law and perhaps even challenge the traditional notion that fixed meanings exist as against modern and post-modern perspectives that language is inherently unstable and thus uncertain? Further, can literary criticism help sensitize lawyers to difficulties faced by persons suffering discrimination and marginalized communities when legal texts are read only in strict ways?

 

More information coming soon!

More information coming soon!

Contact

Raj Bhala
Law & Literature Founding Editor
Brenneisen Distinguished Professor
bhala@ku.edu
785-864-9224