Therefore, it is quite clear from above that literature plays a very important role in the study of law and therefore every law student should also absorb the nuances of literature, as this would help him in his quest to establish himself as a good lawyer. This phenomenon, once created by James Boyd White, has now become a globally accepted standard, and for that, James Boyd White`s efforts deserve to be recognized. Ian Ward is Professor of Law and Programme Director at Newcastle University School of Law. He is also a member of the editorial board of Studies in Law and Literature. Ward received a BA from Keele University in 1996, a PhD from the University of Cambridge in 1999 and a Master of Laws from the University of Toronto in 2000. Ward believes that students in the fields of law and literature can benefit from studying rhetoric alongside law. His research focuses on legal theory and public law. Ward has published extensively on law and literature as well as legal theory. An interdisciplinary study that examines the relationship between the fields of law and literature, with each field borrowing ideas and analytical methods from the other. This view of literature – as a resource for law – drives Yoshino`s new book, Covering, a blend of memoirs and manifestos that targets the outdated, if noble, position of today`s civil rights. According to Yoshino, the current doctrine is entangled in group-based identity politics, motivated by demands for equality. To successfully file a lawsuit under the equality clause of the Fourteenth Amendment to the Constitution, a group complaining of discrimination has two options.
He can argue that he has been denied a fundamental right such as the right to vote. Or he may claim that the law in question uses a «suspect classification» – that it wrongly distinguishes a particular group. To successfully argue that it has been punished by a suspicious classification, a group must demonstrate that the people who are part of it have historically been victims and deserve greater protection from the courts. Literature review allows a lawyer to present things from their client`s perspective. Understanding literature helps us to know the cause of crime and its various influences. Therefore, it humanizes one`s own attitude and thus leads to harmony in society. Such comments reveal West`s ideological position on the power of literature, as well as his personal philosophy of law. West`s arguments tend to focus on the human condition as read in books, as well as individual submission to authority and what she sees as an apparent contradiction. She challenges scholars to interpret, create, and critique narrative texts in order to broaden their understanding of the human condition and the impact of the law on it and the community at large. West believes in a so-called «political, communal, and ethical re-enactment,» a mindset one could engage with by reading and critiquing fictional and legal texts.
Because of this duality, Western claims, law, and literature become more intertwined and therefore more valid in discussion when it comes to discussing the implications of one or the other. Such claims lead some to believe that their goals are political rather than scientific. West can be considered not only a jurist and literary scholar, but also a member of the Movement for Critical Legal Studies (CLS). Richard Posner played an important role in the Law and Economics movement. As the author of Law and Literature «A Misunderstood Relationship,» Posner is highly critical of the law and the literary movement, and the book helps express his harsher interpretation of the law. This book can be seen as a reaction to the writings of Robin West, who essentially wrote against Posner`s economic conception of legal interpretation. As a powerful critic of the writings of White, Wesberg, and West, Posner regarded literature in the legal field without weight, although he held authors in high regard. He writes: Despite the criticisms, it is quite clear that literature plays a very important role in jurisprudence. Er hat zahlreiche Bücher veröffentlicht: The Legal Imagination (1973), Constitutional Criminal Procedure (mit 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 »: Lesen lernen 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); und 2006 sowohl Living Speech: Resisting the Empire of Force als auch ein Sammelband, How Should We Talk About Religion? All diese Bücher haben eine wichtige Rolle beim Wachstum der Rechts- und Literaturbewegung gespielt. Als Ergebnis seiner Bemühungen wird heute Literatur für Jurastudenten auf der ganzen Welt unterrichtet.
[9] Therefore, it is not wrong to call him the father of the legal and literary movement. In his publication Law and Literature: Possibilities and Perspectives, Ward discusses the future goals of law and the literary movement while examining elements of law in famous literary plays. In Chapter 1 of this publication, Ward describes law in the literature as the process of examining «the possible relevance of literary texts, especially those that present themselves as the narration of a legal history, as appropriate texts for study by jurists.» He saw both law and literature as the process of «applying the techniques of literary criticism to legal texts». He believes that the relationship between the two is complementary. He notes that the discussion of the debate on the importance of the rights movement and literature shows «its enduring strength.» Shakespeare`s controversial story of a Jewish lender, The Merchant of Venice, explores issues of justice and the partiality of legal systems. To force changes in the law, Yoshino thinks you need to change the assumptions that lawmakers bring to the courtroom. The change of literary dance partner is a gesture of defiance because it suggests that professors trying to find a way to unite law under a single theory have been short-sighted. History, personal history, and legal history are parts of the argument, but neither can exist without the others. The medium here may not be the whole message, but that`s the most interesting part. The relationship between law and literature is ancient. If we go back to the origins of law, among the ancient Greeks it was associated with rhetoric, speech and writing. As the law became more professional, it was cut off.
Thus, law and literature have taken different paths over time. Over the years, literature has become increasingly concerned with the expression of human emotions and feelings, while law has been concerned with the maintenance of social order. [1] THE LAW IS LIKE AN ANECDOTE, wrote jurist Lon Fuller in 1940, and it changes as each generation tells it. As culture develops, different aspects of history become more or less important. While those who advocate «strict constructivism» prefer to view law as a static artifact, many scholars and judges like Fuller believe that law can and should absorb society`s changing values.