The law and literature movement focuses on connections between

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

and

literature Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...

. This field has roots in two developments in the intellectual history of law—first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be plugged into a large cultural or philosophical or social-science context to give it value and meaning; and, second, the growing focus on the mutability of meaning in all texts, whether literary or legal. Work in the field comprises two complementary perspectives: ''Law in literature'' (understanding issues as they are explored in literary texts) and ''law as literature'' (understanding legal texts with literary interpretation, analysis, and critique).

History of the movement

James Boyd White James Boyd White (born 1938) is an American law professor, literary critic, scholar and philosopher who is generally credited with founding the "law and Literature" movement. He is a proponent of the analysis of constitutive rhetoric in the anal ...

's ''

The Legal Imagination ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...

'' (1973) is often credited with initiating the law and literature movement. It is a fusion of anthology and critique, drawing on a range of sources, with headnotes and questions on the relationship of legal texts to literary analysis, and literary texts to the legal issues that they explore. Proponents of the "law-in-literature" theory, such as

Richard Weisberg Richard H. Weisberg is a professor of constitutional law at the Cardozo School of Law at Yeshiva University in New York City, and a leading scholar on law and literature. Biography Weisberg received his B.A. degree from Brandeis University in 1965 ...

and Robert Weisberg, believe that literary works, especially narratives centered on a legal conflict, offer

lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...

and judges insight into the "nature of law". This perspective examines and interpret legal texts using the techniques of

literary critics Literary criticism (or literary studies) is the study, evaluation, and interpretation of literature. Modern literary criticism is often influenced by literary theory, which is the philosophical analysis, philosophical discussion of literature' ...

. Scholars such as White and Ronald Dworkin apply law as literature, because it maintains that the meaning of legal texts, such as

written law The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the sa ...

, like any other

genre Genre () is any form or type of communication in any mode (written, spoken, digital, artistic, etc.) with socially-agreed-upon conventions developed over time. In popular usage, it normally describes a category of literature, music, or other for ...

of literature, can only be discovered through interpretation. These matters are contentious.

Critics

Richard Posner Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chic ...

, of the

law and economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of law ...

movement, wrote ''Law and Literature: A Misunderstood Relationship'', a critical attack particularly on the writings of

Robin West Robin West (born 1954) is the Frederick J. Haas Professor of Law and Philosophy and Associate Dean (Research and Academic Programs) at the Georgetown University Law Center. West's research is primarily concerned with feminist legal theory, cons ...

. Richard Delgado and Jean Stefancic have argued against White, and his theory of some celebrated legal cases in U.S. history; and they agree with Posner on several issues. According to Delgado and Stefancic, supporters of

critical race theory Critical race theory (CRT) is a cross-disciplinary examination, by social and civil-rights scholars and activists, of how laws, social and political movements, and media shape, and are shaped by, social conceptions of race and ethnicity. Goa ...

, the moral position of judges are determined by normative social and political forces rather than by literature.

References

{{Portal bar, Law, Literature Legal literature Philosophy of law