American Democracy on Trial by Nibir K. Ghosh

 

American Democracy on Trial

Nibir K. Ghosh*

My interest in America and American studies began years ago when I was doing my masters in English with specialization in Modern American literature. As a teacher-scholar and avid reader of American literature and history for nearly four decades, I was overawed by America’s immensity in terms of geographical space, economic affluence, cultural diversity, and political goals. Ever since Christopher Columbus discovered America more than five centuries ago, human interest in the United States, the land of “limitless opportunities” has not waned. Tempted by the dazzling glitter of the great American Dream, hopeful wanderers and bold adventurers from all parts of the globe have rushed in from time to time to make America their home. The great mosaic of many peoples coming from divergent cultures and climes and yet eager to be assimilated into the American mainstream may have inspired Herman Melville to state in Redburn: "Americans are not a narrow tribe. Our blood is as the flood of the Amazon, made up of a thousand noble currents all pouring into one" (169). Melville probably anticipated what in 1920 Israel Zangwill, an immigrant Jew from England, epitomized through the metaphor of the “Melting Pot,” a term that gained currency in early 20^th century to explain how all immigrants could “melt” and be transformed into Americans. Maybe Robert Frost invoked the highest form of “melting” in his poem “The Gift Outright”:

Something we were withholding made us weak

Until we found out that it was ourselves

We were withholding from our land of living,

And forthwith found salvation in surrender.

Such as we were we gave ourselves outright…

(The deed of gift was many deeds of war)

To the land vaguely realizing westward,

But still unstoried, artless, unenhanced,

Such as she was, such as she would become (202).

 “The Gift Outright,” that Robert Frost recited at the inauguration of President John F. Kennedy 60 years ago on 20 January 1961, brilliantly captures the history of the thirteen colonies that joined hands in mutual interest to free themselves from owing allegiance to the King of Britain and creating what today we know as the United States of America. The poem brings to mind how the moulders of the nation carved out of the glorious document entitled Declaration of Independence, signed by the founding fathers on 4 July 1776, affirming the need to create an enduring foundation for an ideal democracy:

 "We hold these truths to be self-evident that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness" (Bailey Appendix i).

 

Such avowed ideals encouraging both strong individualism and collective growth of the nation resonated in the poetry of Walt Whitman, the poet laureate of American democracy. In his poem “One’s-Self I Sing,” that appears in “Inscriptions” to Leaves of Grass, Whitman celebrated the true meaning of democratic beliefs when he stated:

One’s-Self I sing, a simple separate person,

Yet utter the word Democratic, the word En-Masse.

… … … … … …

I say the Form complete is worthier far,

The Female equally with the Male I sing…

Of Life immense in passion, pulse, and power,

Cheerful, for freest action form’d under the laws divine,

The Modern Man I sing (Whitman 3).

Taken together, the various ideas that he incorporates in these few lines echo the meaning of true democracy where the consent of the governed is paramount to the relationship between an individual citizen and the nation he belongs to. Whitman celebrates in his song that though part of “En-Masse,” an individual must have the freedom to remain “a simple separate person.” Liberty in its essence, represents for Whitman, “freest action form’d under the laws divine” that places both the male and the female on level ground in sync with the idea of fraternity.  In another part of Leaves of Grass, the poet states, “I speak the pass-word primeval, I give the sign of democracy./ By God! I will accept nothing which all cannot have their counterpart of on the same terms” (Ibid. 43) to emphasise that he does not believe in any distinction that separates one from the other on the basis of class, caste or creed. As a poet of American nationalism, he uninhibitedly talks of the lofty principles enshrined in the Declaration of Independence that inspired luminaries to carve out the most powerful democracy in the globe. In the “Introduction” to the Indian edition of Leaves of Grass (Eurasia Publishing House, New Delhi in 1970), Shiv K. Kumar rightly endorses Whitman’s commitment to democratic values:

 

Whitman always kept his feet planted on the ground; his ideal of democracy was essentially pragmatic and earth-bound. Whereas on the political plane he denounced all prerogatives and vested interests, on the social plane he visualized complete harmony between the individual and society. But, above all, Whitman was, what one may call, a spiritual democrat who saw in true democracy possibilities of universal peace, toleration and brotherhood…. The most authentic specimen of true humanity was the common man” (x).

 

The ideals of governance firmly established by the Declaration of Independence, the U.S. Constitution, the Bill of Rights and other documents and celebrated by public intellectuals, writers and poets by transforming words into concrete action do project the United States of America as an epitome of democracy. This may be seen from the observation made by Thomas A Bailey, the Stanford University historian, in the concluding chapter of The American Pageant. Bailey outlines how America’s physical growth stands as a “near-miracle, without parallel in human history” (1059). He points out that America had started as a “few struggling colonies” and was transformed into a vast empire wherein “its people conquered, cleared, cultivated and civilized an area as large as all Europe in less than three centuries” (Ibid.). According to him this was made possible by people who were “tough, energetic, ambitious, inventive, efficient, resourceful, and determined” (Ibid.), and who took full advantage of the fabulous natural resources available in the continent. Besides giving credit to the people for making America from what it was to what it became, Bailey attributes the astounding power and prosperity to what he calls “the American way.” According to him, “the American way”

 

encouraged order under liberty and diversity within unity. A soaring release came to the spirit from a system of free enterprise under a representative government. America’s overshadowing contribution was not in Panama Canals and Empire State buildings, but in demonstrating that democracy could survive and succeed on a continental scale. And in attaining this goal America served as an example and lodestar for liberals the world over (Ibid.).

 

My purpose in this essay is not to discount what Bailey credits America with but to share with readers the contentious issues that are in gross variance with glorious democratic ideals projected by this mighty nation. By exploring glaring ground reality inconsistent with avowed principles, I also wish to bring into the limelight how this nation has come to terms in dealing with overwhelming contradictions time and again in the course of its history.

While working on my book Calculus of Power: Modern American Novel (1997), I had often wondered at the complexities inherent in American polity and society. It seemed intriguing that a nation carved on the ideals of “life, liberty and pursuit of happiness” could practice discrimination on grounds of race, gender, color, ethnicity etc. I was also surprised to see a judiciary committed to safeguarding civil liberties could indulge in gross miscarriages of justice in Scottsboro, Sacco-Vanzetti, Rosenbergs, Rodney King, Trayvon Martin and such other cases. I was curious to know why a powerful democracy that was so firmly grounded in protecting the rights of individuals at home, indulged in unwarranted intervention in Vietnam, Korea, or Iraq to nurture its expansionist desire under the guise of what is known as ‘Manifest Destiny,’ the 19th-century doctrine or belief that the expansion of the United States throughout the American continents was both justified and inevitable.

Among the dilemmas of American democracy, the issue of racial discrimination is situated in both the superstructure and base of American society. 'Colour’ prejudice is a personal as well as a political reality. The Emancipation Proclamation (1863) setting all slaves free of human servitude in the United States of America; the Thirteenth Amendment to the Constitution (1868) forbidding slavery or involuntary servitude; the Fourteenth Amendment (1868) guaranteeing Negroes the rights and privileges of citizenship; and the Fifteenth Amendment (1870) providing for Negro suffrage irrespective of race, colour, or previous condition of servitude; continued to remain very distant from the ideals of “life, liberty, and the pursuit of happiness” contained in the Declaration of Independence.

The racial rumblings which may have begun with the arrival of the first slave on the American soil intensified with the passage of time. The simmering of protest gradually transformed itself into expression of rage against racial injustice and economic discrimination as lynching continued unabated and became a national disgrace for a country which had committed itself to the ideals of liberty and equality. Antagonisms reached a high peak with the dawn of the twentieth century when the Black strove harder to achieve long overdue rights and the Whites were equally committed to the idea of keeping the Negro “in his place.”

Yet, the fact cannot be overlooked that the issue of setting the slaves free led to almost splitting the nation into two during the Civil War (1861-1865) between North and South America. While Northern states advocated the freedom of the Negro slaves, the Southern region sought to continue retaining the privilege of keeping them bound under inhuman conditions. In this context the role of President Abraham Lincoln must come for special mention as it was under his astute statesmanship and dynamic leadership that the ship of American democracy weathered the storm of the Civil War. In a mere 3-minute speech delivered on November 19, 1863 at Gettysburg, Abraham Lincoln, the 16^th President of the United States, paid a glowing tribute to the dead who laid down their lives to defend America’s commitment to uphold democracy. With firm conviction Lincoln proclaimed:

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. … But, in a larger sense, we can not dedicate – we can not consecrate – we can not hallow – this ground. The world will little note, nor long remember what we say here, but it can never forget what they did here … It is rather for us to be here dedicated to the great task remaining before us – that from these honored dead … we here highly resolve that these dead shall not have died in vain – that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth (Lincoln).

Lincoln’s proclamation renewed the nation’s faith in transforming the ideals of equality and fraternity into reality. His strong conviction enabled him to warn the nation that a house divided against itself couldn’t last long. However, the reunification of America came at an enormous price with the assassination of President Lincoln on 14 April, 1865 resulting in his death the next day.

Walt Whitman paid a glowing tribute to the sacrifice of President Lincoln in his famous elegy, “O Captain! my Captain!”:

O Captain! my Captain! our fearful trip is done,

The ship has weather’d every rack, the prize we sought is won,  

…  … … … … …

But O heart! heart! heart!

O the bleeding drops of red,

Where on the deck my Captain lies,

Fallen cold and dead (Whitman 266).

In, perhaps, what may be considered American democracy’s first and most severe moral, constitutional, and political trial in upholding democratic values, all credit must invariably go to President Abraham Lincoln who successfully led the nation to reaffirm that “government of the people, by the people, for the people, shall not perish from the earth” (Lincoln).

The dilemma of race relations that Lincoln had addressed so adroitly during his tenure as President of America has not ceased to exist even today. In the course of my trip to the U.S.A. as a Senior Fulbright scholar during 2003-04, I had the opportunity of interviewing many celebrity writers and intellectuals who, even at that point of time, firmly believed that a Black President in the White House seemed a very remote possibility. But the entrance of Barack Obama into the oval office in 2008 and his re-election in 2012 amply demonstrated what Dr. Martin Luther King, Jr. had envisaged in his famous “I have a Dream” speech way back on 28 August, 1963 that “my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”

Though American democratic ideals have been subjected to the acid test on many occasions in the nation’s history, it can be doubtlessly agreed that, since the Civil War of the 1860s, no event garnered so much attention and controversy as the election of Donald Trump in 2016. The graph of his unpopularity that had begun to soar even during his campaign reached a crescendo with his election as the 45^th President of the United States of America. Contrary to popular expectation and media speculation, Donald Trump found himself comfortably ensconced in the coveted White House. In the wake of Trump’s triumph, the mosaic of social and cultural diversity and assimilation that America is known for seems to have come under a cloud of suspicion and doubt. I was a little dismayed to receive several mails from both Native American and Immigrant friends in the U.S. who were quick to express their anxiety and dread at the victory of Trump. A Spanish-American friend wrote: “…we have the menace of Donald Trump around…. I am so worried and sad about it!” Likewise, this is what an African American friend based in Washington D.C. had to say: “Much happening in our world these days—much of it isn’t good… I fear the new Trump administration is leading the New Crusades….  May the work we do only be seduced by the truth.”

In an essay titled “Trumped Again: The 2016 American Election,” Jonah Raskin pointed out that, based on his own observation as well as on his conversations with friends and acquaintances, close to home and in far-off countries, it was “challenging to make sense of Donald Trump’s victory at the polls.” Raskin candidly pointed out:

For months and months, it seemed to me that Trump appealed to the basest of sentiments and to all the ugly isms, including racism, jingoism and sexism that many Americans liked to think the nation had transcended… He had the public in the palm of his hand and played it like a gambler for all it was worth…. Trump and his crew, including members of his own family, would like to turn the clock back to a time that only exists in their imaginations: when Republicans ruled as though appointed by God; white men cracked real and metaphorical whips; women knew that their place was in the kitchen and the bedroom; and children were taught that their fathers knew best (Raskin 25-26).

Jonah Raskin’s apprehension, and that of millions of his fellow-Americans, about what damage Donald Trump could do to the principles of long-cherished ideals of democracy were not in the least speculative. In four years of his tenure as President, Trump spared no opportunity to prove that his detractors were never wrong in predicting what America under him was heading for. Whatever happened on January 6, 2021 at the US Capitol is now history. In the words of Robin Lindley, the features editor of History News Network:

January 6, 2021 will be remembered as a day of infamy in the history of the United States of America. For the first time in our history, a president incited a horrific, deadly attack on the Capitol, the temple of our democracy… Trump will be remembered as the only president who attempted to end 240 years of democratic government. He will be remembered for four years of lies, hate, corruption, and cruelty, enabled by Republicans who embraced his white nationalist authoritarian agenda. And he will be remembered as the only president ever impeached twice (Lindley 14-15).

Donald Trump’s refusal to accept the election defeat as the 'consent of the governed' and his spearheading the January 6 event at the US Capitol will certainly go down in American history as unprecedented and the most outrageous acts by a President. Like a self-proclaimed demagogue and a diabolically inspired individual he began to believe in the illusion that he was an unquestioned monarch of all he surveyed. He not only mocked at the terror unleashed by COVID-19 that wrought havoc on the nation leaving 500,000 dead and countless battling for their lives and safety but also blatantly ignored the will of the majority that had voted him out in the election to the Presidency.

It may be pertinent to mention here that though Trump’s actions after the election remain unprecedented, his brazen intent to ignore the “consent of the governed” and rule America as a dictator is not without its parallel in modern American history. Academics and scholars of American literature and history may be well aware of the name and deeds of Huey Pierce Long (1893-1935), the demagogic governor of Louisiana and then US Senator who, following on the footsteps of Hitler in Germany and Mussolini in Italy, emerged in the Depression era as a serious threat to the citadels of American democracy. Long’s mode and manner of abusing his executive powers can be seen from the following passage:

Surrounding himself with gangsterlike bodyguards, he dictated outright to members of the legislature, using intimidation if necessary. When he was about to leave office to serve in the U.S. Senate (1932), he fired the legally elected lieutenant governor and replaced him with two designated successors who would obey him from Washington. In order to fend off local challenges to his control in 1934, he effected radical changes in the Louisiana government, abolishing local government and taking personal control of all educational, police, and fire job appointments throughout the state. He achieved absolute control of the state militia, judiciary, and election and tax-assessing apparatus, while denying citizens any legal or electoral redress (Britannica.com.).

It is no less significant that perceiving a visible threat of fascism on American soil, enlightened writers like the Nobel Laureate Sinclair Lewis and three-time Pulitzer Prize winner Joseph Warren Beach wrote novels that became instant hits. Lewis’s It Can’t Happen Here (1935) provided a graphic account of Huey Long’s characteristic meteoric rise and subsequent downfall ending in his assassination. The ‘It’ in the title stands for dictatorship in the novel that discusses the threat of fascist individuals to the State and argues how conscientious citizens are  required to come out of the euphoria of complacence to challenge such efforts in the interest of providing safety and security to the nation. Jay Richard Kennedy, in his “Introduction” to It can’t Happen Here, recalls how Lewis’s novel came into being against the backdrop of International crisis: “Harry Sinclair Lewis conceived It Can Happen Here in anger, and delivered it to a bleeding world in 1936.” The topicality of the novel and its significance beyond the temporal can be seen from Jay Kennedy’s remark at the end of his “Introduction,” written from the vantage-ground of the 1970s: “Please try to remember as you read It Can’t Happen Here that it almost did, and not so long ago. It can happen here again. In fact, it may already have begun” (Kennedy 7).

Sinclair Lewis cleverly juxtaposed the then contemporary reality with his apprehension of the arrival of Fascism in America. The ground was ripe for dictatorship because such forms of government evolved out of economic disorders and socio-political chaos. People with ambition and zeal exploit such situations, play upon the sentiments of the ignorant and the easily gullible masses by projecting themselves as saviours and reach the pinnacles of absolute power. Once this power has been attained, these very people delude the masses again by bringing into use all the instruments of State-controlled terrorism for justifying their misdeeds in the name of Crisis of Democracy. Lewis explores all the historical reasons and the material factors that perpetuate the growth of a fascist dictatorship.

It Can’t Happen Here offers, through a brilliant caricature of dictator Windrip, a vivid picture of what happens when demagogues like Hitler, Mussolini and Huey Long desire to take advantage of the State to perpetuate their own self-interest. Lewis paints the devil of Fascism in its true colours and convincingly proves his hypothesis as to why Fascism cannot find a foothold in America. Like an involved activist, Lewis finds the Constitutional safeguards in the structure of American polity and the functional epithets of democratic ideals to be strong enough to counter the threat of totalitarianism. Because ideals on their own do not rise and counter adverse situations, Lewis rightly warns the intellectuals not to remain silent witnesses to the abuse of power by demagogues. It was the bounden duty of the intellectuals and the powerful Fourth Estate to be alert to protect and reserve individual initiative, private profit and the rights of the common man.

Sinclair Lewis’s message is clear. The public intellectuals, either by their indifference or inertia, play a decisive role in allowing dictatorial regimes to prosper. Since the general masses cannot discriminate between violence for a good end and violence for a bad cause, it becomes incumbent upon the intellectuals to raise their voice of protest against all State efforts that attempt to suppress the liberty of thought and action of the individual.

Deviating from the journalistic style and approach of Sinclair Lewis, Robert Penn Warren reconstructs the Huey Long legend to deliberate upon the cold manipulation of the calculus of power. His All the King’s Men (1946) explores not only the effects of the abuse of power but also the intricate relationship between power and ethics. Willie Stark may be a prototype of Faustus and Caesar but he is also genuinely interested in the welfare of his people. Warren improvises upon the Huey Long story to create a convincing tale of meaning of good and evil in an essentially human world. Warren places man in the midst of practical politics to test the validity of values and to show how man can uphold ethics and principles even in the realm of dirty power politics.

Utterly impervious to the duties and responsibilities expected of the nation’s first citizen, Donald Trump, like his prototype Huey Long, clean forgot that the founding fathers, while emphasizing upon the unalienable rights of citizens in the Declaration of Independence, had also asserted “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness” (Bailey Appendix i).  The editorial board of The New York Times rightly sought an explanation in its opinion column “Accountability after Trump”:

How does American democracy confront the scale of the damage wrought by the departing president—the brazen obliteration of norms, the abundant examples of criminal behavior, the repeated corruption and abuses of power by the highest officeholder in the land, even after he was impeached? (The New York Times).

Though Trump and his supporters succeeded in laying siege to the stronghold of American democracy, right from the election day to the eve of President-elect Joe Biden’s inauguration on 20 January, 2021, and throwing the nation into the abyss of anxiety and dread, it is heartening to note that the American Judiciary, the Congress, the Senate and conscientious citizens in general came together to uphold the avowed principles of democracy and to thwart Trump’s effort to subvert them with his demagogic strategies and empty rhetoric. The election of Kamala Harris – the first woman, the first black and the first Asian – to the august office of the Vice President augurs well for the forever self-correcting safeguards provided by principles, ideals and documents to uphold democracy in the real sense of the term.

Seeking harmony and cohesion in the “melting pot” of diversity ideally blends Whitman’s “En-Masse” with the identity of the “simple, separate, person” to give meaning and strength to an ideal republic. On the contrary, the divisive forces led by the likes of Huey Long and Donald Trump to perpetuate notion of racial superiority of the American whites are bound to fail provided the informed and responsible citizenry do not remain passive witness or silent victims to the rise of dictatorial forces. There is a constant need for remaining alert and conscious of the subtle nuances of the ideology of Fascism and its successful manifestation in visible forms to keep democracy alive and vibrant.

I deem it appropriate to conclude this discussion on the trial of American democracy by referring to the hopes kindled by Amanda Goran’s poem, “The Hill we Climb,’ that she recited with zeal and passion at the inauguration of President Joe Biden on 20 January 2021:

 

We’ve braved the belly of the beast.
We’ve learned that quiet isn’t always peace,
and the norms and notions of what “just” is isn’t always justice.
And yet, the dawn is ours before we knew it.
Somehow we do it.
Somehow we’ve weathered and witnessed a nation that isn’t broken,
but simply unfinished.
We, the successors of a country and a time where a

skinny Black girl descended from slaves and raised by a single mother

can dream of becoming president,

only to find herself reciting for one.

… … … … … … …

We will rebuild, reconcile, and recover.
In every known nook of our nation, in every corner called our country,
our people, diverse and beautiful, will emerge, battered and beautiful.
When day comes, we step out of the shade, aflame and unafraid.
The new dawn blooms as we free it.
For there is always light,
if only we’re brave enough to see it.
If only we’re brave enough to be it.

 

It may, therefore, be envisioned that that such lyrical voices, blending courage, hope and resolve, will serve as a beacon light to warn as well as inspire individuals and communities to create in flesh and spirit Abraham Lincoln’s vision of democracy as “government of the people, by the people, for the people.”                                                              REFERENCES

“Accountability after Trump.” The New York Times. Dec. 19, 2020. https://www.nytimes.com/ 2020/12/19/opinion/sunday/trump-presidency-accountability.html accessed Dec. 20, 2020.

Declaration of Independence. Thomas A. Bailey. The American Pageant: A History of the Republic. Sterling Publishers Pvt. Ltd., 1974. i-iii.

Frost, Robert. “The Gift Outright.” Robert Frost: Selected Poems Ed. with an Introduction by Ian Hamilton. Penguin Books, 1973.

Ghosh, Nibir K. Calculus of Power: Modern American Novel. Creative Books, 1997.

Gorman, Amanda. “The Hill We Climb.” https://www.townandcountrymag.com/ society/politics/a35279603/amanda-gorman-inauguration-poem-the-hill-we-climb-transcript. Accessed 30 January 2021.

Kennedy, Jay Richard. “Introduction” to Sinclair Lewis’ It Can’t Happen Here. Signet, 1970.

King,Jr, Martin Luther. “I Have a Dream.” https://www.americanrhetoric.com/ speeches/ mlkihaveadream.htm. Accessed 1 Feb 2021.

Kumar, Shiv K. “Introduction” to Walt Whitman’s Leaves of Grass. Eurasia Publishing House, 1970. iii-xx.

Lewis, Sinclair. It Can’t Happen Here. Signet, 1970.

Lincoln, Abraham. “The Gettysburg Address.” http://www.abrahamlincolnonline.org/ lincoln/speeches/gettysburg.htm#:~:text. Accessed 27 Jan 2021.

Lindley, Robin. “‘Art can comfort and disturb’: A Conversation with Robin Lindley.” Interview by Nibir K. Ghosh. Re-Markings Vol. 20 No. 1 March 2021, pp. 14-28.

Melville, Herman. Redburn: The Works of Herman Melville Vol. 4. Eds. Harrison Hayford, Hershel Parker et al. Northwest University Press, 1969.

Raskin, Jonah. “Trumped Again: The 2016 American Election.” Re-Markings Vol. 20 No. 1 March 2021, pp. 14-28.

Whitman, Walt. Leaves of Grass. Eurasia Publishing House, 1970.

 

*Dr. Nibir K. Ghosh, UGC Emeritus Professor in the Department of English at Agra College, Agra, has been Senior Fulbright Fellow at the University of Washington, Seattle, USA during 2003-04. He is Chief Editor, Re-Markings (www.re-markings.com) and can be reached at ghoshnk@hotmail.com.

 

American Democracy on Trial by Nibir K. Ghosh Published in IUP Journal of English Studies; Hyderabad Vol. 16, Iss. 1,  (Mar 2021): 7-17.

                                              COMMENTS & VIEWS

Nibir, I've just read your essay, and I think it's very good. Throughout these pages, a reader is rewarded by your firm grasp of America's history, and our canonical literature as it relates to the ideals of the American experiment in democracy. Your comparison of Trump to Huey Long is appropriate, and your discussion of how fascism arises is generally convincing. As you can imagine, and well know, America is going through a painful transformation as I write these words---four years of a polarizing Trump presidency ending with an assault on our nation's Capitol that cost five people their lives; the  pain, anger, and despair of many (but certainly not all) black Americans who still feel victimized two centuries after the end of slavery; and, of course, the (global) COVID pandemic that troubles every dimension of American life from the end of so many small businesses to education on every level. I am saddened by all this more than I can say. Your perspective from India on America's experiment in democracy is upbeat and encouraging. I hope your optimism is proven to be prescient for our future. But as I witness things transpiring daily from my location in Seattle, my fear is that we are at this moment slaying ourselves with self-inflicted wounds. With a Them vs. Us mentality horrific to any practicing Buddhist. E pluribus unum ("Out of many, one") doesn't seem (to me) to characterize America at this moment, if it ever did, which is doubtful. So I'm adopting a wait and see attitude as this fluid and dangerous situation in America unfolds.  

Nibir, if America (and the world) can find its way through the pandemic, if some normality returns to our lives and we can safely gather in groups again, the raft of problems I mentioned may be ameliorated somewhat. I say "somewhat," because although Trump is gone, the 74 million people who voted for him in the last election are still here. Race relations in America remain problematic as a demographic shift increases the number of people of color and frightened white Americans fear they are losing control and dominance. I wish I could predict the future, but I don't have a crystal ball. No one does. We are, tragically, a very divided nation. However, the majority of Americans are, I believe, people of good will. They are moderates. As any Buddhist would say, they simply want happiness and freedom from suffering...for themselves and others. If they can prevail over extremists of the right and left (and forgive the sins of the flawed Founding Fathers who created those universal ideals), and honor the American principles you expressed in your essay, then perhaps there is hope for us as a multi-racial and multi-cultural country. I guess only time will tell...

-- Charles Johnson, celebrity author and winner of US National Book Award

Dear Nibir. Thanks for sharing your magnificent article on American democracy on trial. And thanks for sharing my words. I appreciated also the look back to Huey Long--a timely reminder of yet another demagogue. You have a fine grasp of our checkered history. You're amazing. I don't know how you come up with so many profound and inspiring words day in, day out. Grateful for this recent examination of our democracy. You have a better understanding of our history and ideals than most American citizens. -- Robin Lindley, Features Editor History News Network, USA

 A thoughtful paper with a broad sweep of American history, Prof. Ghosh.  The paper clearly shows that the American journey is one that is an experiment in civil government—one based on the consent of the governed. That journey however started from a crude place—from Europeans fleeing religious or political persecution but finding and colonizing a land inhabited by native Americans against whom genocide was inflicted in order to grab the land and black Africans were involuntarily brought in as slaves and some whites were brought in as indentured servants, all to work the land and accumulate a surplus which provide the capital to fuel American industrialization.  That crude beginning, however, was inspired by a greater hope—the hope of creating a country where the heredity of origin, nobility, race, tribe or religion did not matter but what mattered was individual achievement under a constitution that promised a government of laws, that guaranteed civil liberties under the law for all. That hope or dream—if you want to call it—has never been fully realized in America but it is one that the country keeps inching towards. That grand hope has inspired poets, as you put it, like Robert Frost and Walt Whitman, and leaders like Abraham Lincoln, who felt inspired—to move America, using their respective platforms, towards a more perfect Union. That hope has sometimes witnessed intermittent reversals. Throughout America’s wobbly history, this noble striving for a better and more inclusive America has often been dashed by infernal leaders or “misleaders,”  demagogues, such as the New Orleans’ Huey Long, George Wallace, and most recently the authoritarian Donald Trump, who revive ancient animosities to aggrandize themselves and their power, who pit American against American, human against human, in the hope of pursuing fascist goals. It is that fear that, as you put it, Sinclair Lewis warned us about in his novel, “It Can’t Happen Here”—-registering American exceptionalism—but which, in a few times, it came to happening here. The only bulwark has been the vigilance of well-meaning and committed patriots (eg, Stacey Abrams, Georgia Secretary of State Raffensberger, even a divided V.P. Mike Pence, etc) most recently to check, for example,  against the authoritarian excesses of a Trump.  These patriots truly understand what the American experiment is all about.  Democracy, after all, is not free; it requires continual citizen-vigilance and maintenance. Your article delights and shines with light. -- Dr. Tijan M. Sallah, celebrity poet, writer, critic of The Gambia

Thanks for the essay. I had no idea about Huey Pierce Long so I’m quite grateful for the education. And the essay is full of such hope for the future (a hope I’m not sure I believe in myself, as countries not unlike the States are everywhere becoming more divided) that is nonetheless necessary after the dark cloud of Trump and the still-seething legion of his supporters. -- Cyril Wong, Singaporean Writer and Poet

 

Dear Nibir Ghosh,

 

first of all, I apologize for answering you now. I was only able to read your essay today. Then I want to thank you for sending me your wonderful work and asking me for my humble opinion.

 

Your essay is quite excellent. In just a few pages you can trace history from the founding fathers of the USA to the fatal event, the storming of the Capitol, and back it up with wonderful quotes from Frost and Whitman.

 

As for the point that the US was before being steered in a fascist direction, I can only add that, unlike the US, Italy and Germany were before very different historical events after World War I. Fascism can only be understood in these countries through knowledge of this background.

 

I would like to close with two quotes that came to mind while reading your work. It is a sentence by Frantz Fanon and I would like to end with a poem by Derek Walcott.

 

“There is a search for the black, one calls for the black, one cannot do without the black, one demands it, but it should be spiced in a certain way. Unfortunately the Negro takes the system apart and breaks the contracts. " *

Frantz Fanon, Black Skin, White Masks

 

* (I have translated this text from the German. It is possible that the original Fanon text differs slightly.)

 

“I'm just a red nigger who love the sea,

I had a sound colonial education,

I have Dutch, nigger, and English in me,

and either I’m nobody, or I’m a nation.”

Derek Walcott

 

Best regards

Tuncay Gary, Writer, Poet, Theater Specialis, Germany

Dear Nibir,

just finished reading your paper - congratulations! Your argument is concise and to the point, in its historical perspective, its selection of quotes, in pointing to contemporary complexities as well as affinities to similar events in the U. S. A. and elsewhere. 

Walter Hoelbling, Academic and writer/critic, Graz, Austria

Absolutely fascinating read. One who is not initiated at all  in the  American history and politics would also be intrigued, interested and informed at the lucidity and ease with which the details of both are worked out. And again the subtle interweaving of the literary greats in the article with relating them to the contemporary grim scenario is by far the success of this very fruitful endeavour, Dr Ghosh. I CANNOT ever think of writing like this. Well, Drydenian lines- " Here's God's plenty"! Prof. Deepa Chaturvedi, Govt. College, Kota🙏🙏🙏🙏

 

 

Language, Law and Literature: Exploring Words and Worlds -- Symposium RGNUL (Punjab) & Re-Markings

 

Language, Law and Literature: Exploring Words and Worlds

Online Symposium

Organized by

Department of English, Rajiv Gandhi National University of Law Punjab

in association with

Re-Markings, Biannual Refereed International Journal of English Letters

25^th September 2021

Event Highlights

Online symposium on “Language, Law and Literature: Exploring Words and Worlds” was organized by the Department of English, RGNUL Punjab in association with Re-Markings, Biannual Refereed International Journal of English Letters. Prof. Nibir K. Ghosh, Chief Editor Re-Markings and Prof. Prasannanshu, Director Centre for Linguistic Justice and Endangered Languages, NLU Delhi deliberated on the interdisciplinary aspects of law and literature. Prof. G.S. Bajpai, Vice-Chancellor RGNUL, reflected on relationship between law and literature in his inaugural address. He accentuated the role of  literary works in elevating cognitive skills and unravelling social mores of the world. Alluding to the writings of Justice A P Shah, Justice Krishna Iyer, Franz Kafka, Oscar Wilde and Charles Dickens, Prof. Bajpai focussed on the connection between law and literature. Ms. Chanima Wijebandara, Judicial Officer, Sri Lanka and Guest of Honour, talked about the humane, philosophical and ennobling effect of literature. Prof. Ghosh eulogised the academic initiative of RGNUL which underlined the importance of literature for students of law.

The inaugural session was followed by Prof. Prasannanshu’s discourse on importance of law, language and literature in legal education. While speaking on the topic “Law, Language and Literature in the Context of Legal Education and Profession”, he referred to the well-structured oration of Cicero and the importance of good communication skills in the legal profession. Prof. Nibir Ghosh highlighted the epistemological benefits of reading literature. “Narratives,” he said, “have the power to change perspectives.” He observed, “Books are the life long companions of men.” Prof. Nibir K Ghosh spoke on the topic, “Why Literature Matters in the Study and Practice of Law?” “Parables and experiences of great men illuminate minds and leave an indelible imprint on the readers,” he remarked. Citing the works of W.H. Auden, Mahatma Gandhi, Frederick Douglass, August Wilson, Wordsworth and Nani Palkhivala, Prof. Ghosh observed that reading literature emancipated minds. Prof. Nibir Ghosh encouraged the participants to read literary works and invited paragraphs/opinions on the topic “Words and Worlds.” He announced that the best five perspectives would be published in Re-Markings.

Dr. Navleen Multani, Assistant Professor of English and PRO RGNUL Punjab, talked about the significance of artistic works and indispensable role of language in comprehending the substance of law. While dwelling on the theme of symposium, she said, “Words in literary works explore customs, authority, power, paradoxes of equity and legitimacy to provide understanding of morality, law and justice.” Quoting Jacques Derrida, she emphasized on the power of words. Dr. Tanya Mander, Assistant Professor of English, spoke about the importance of language and relevance of examining the intersection of law and literature. After the technical sessions, the ensuing interaction navigated from discussion on role of forensic linguistics in court proceedings to court language and law in literature. The discussion session was moderated by Namah Bose, Pranit Singh and Raghav Arora. Dr. Navleen Multani extended a vote of thanks. 167 participants, including faculty and students, attended the symposium. --Report by Dr. Navleen Multani) 

 

Given below (arranged alphabetically) are the imprints of selected student participants emanating from their passionate response to the Symposium theme. As announced by Prof. Nibir K. Ghosh, five best entries would be published in the forthcoming March 2022 edition of Re-Markings www.re-markings.com

 

WORDS and WORLDS

Aviral Pathak

Word can be defined as a tiny cluster of letters, fundamental elements of a language, arranged in a meaningful sequence. Sequence plays a vital role in deciding the meaning. Same set of letters can have diametrically opposite meaning depending on the sequence of arrangement. Letters a, a, n, s, t forms ‘Santa’ and ‘Satan’, same with ‘united’ and untied’. One's command on language depends on one’s grasp on words, tools of language. The sharper the tools, the firmer the grasp. One must be well-versed with words to create a magic. Words, the magical small symbols, transfer invaluable knowledge and wisdom. Words have been utilised by the prudent people to plant the seeds of innovation. Contrastingly, dictators and unworthy leaders misuse their mastery on words to manipulate mankind. A word can change the world, for better or for worse. Words like love and democracy have brought drastically positive changes in the world, might be a daydream for a few. On the opposite end of the spectrum, association with words like ‘black’ or ‘terrorist’ is no less than a nightmare. Words are the most potent force available to humanity. We may either deploy the positive power vested in words like ‘sublime love’ or utilize words in negative manner like ‘violence’. Words have potential and power to heal, humble, hypnotize, humiliate, hinder and hurt. Words are so powerful that defining their power in words is impossible. Is this a limitation of the power of words?

Charvi

Far out in the uncharted backwaters of the unfashionable end of the western spiral arm of the galaxy lies a small unregarded ‘Word World’. Alphabets are born with a gift of laughter and a sense that there were two worlds in which they have to live. Alphabets, the inhabitants of the ‘Word World’, come together to form relationships that are known as words. All words have their essence and each alphabet plays a particular role in every relationship. Like humans, the alphabet performs different roles in different relationships. These relationships/words belong to a clan i.e., language. Every clan is ruled by its distinct law, grammar. Some roles are more important than others. Despite their presence, a few are ignored. Like ‘h’ in honesty goes unrecognised. There does exist a hierarchy of relationships. A few words are more emphatic than others. Others have a positive connotation while many have a negative connotation. All in ‘Word World’ know “You get meaning in the next world. In this world, you have the words.” It is the human world that recognises words. Human world in itself is a word that understands the essence of each word. ‘Word World’ is a foreign country but it is very much like the ‘Human World’. Each word has many meanings. Like human beings, the words of this world are transient. They are assigned a meaning that narrows or broadens with changing times.

Deepali

Words play a very important role in our life. They serve as a means for us to communicate and express ourselves. Words have a great effect on human mind. A single phrase can spark friendship, whereas a string of words can spark enmity. Words have the power of changing the world. This power resides in everyone but only a few know the exact use of it. The great reformers of world such as Mahatma Gandhi, Martin Luther King, Raja Ram Mohan Roy have all used the power of words to reform the society. The words of Mahatma Gandhi helped him in invoking the people of India against the Britishers. Nelson Mandela invoked the people of South Africa to fight for their freedom through his words. Hitler’s declaration that Germans were the most outstanding race enabled him to influence the people of Germany and take the world by storm. Words make the world go round. Words are the only constant thing that connects men and women from different time period and different nations. Words, in many ways, give meaning to our lives. We must learn to enchant other souls with the beauty of our words, allowing them to sustain and transform us in the process. We make a difference in the world with our words.

Diya Gaur

 Words stand at the core of human speech and expression. Poems, short stories, novels, biographies and articles are all arrangements of sensible words that have the power to engage the readers and listeners. In today’s world, orating and writing skills are significant to express your opinions efficiently and for better connectivity. However, the sensibility and comprehensibility of these words is not universal and varies across languages, people and disciplines. Human speech is complex in nature and there are varied languages. Linguistic differences between people may hinder their communication.  If the people are unfamiliar with the language, even the most complex and eloquent words will not make sense. However, the gap between these different linguistic worlds is now narrowing down with the advent of technologies and globalisation. Even if they are used by the people who communicate in the same language, the relevance and coherence of these words is paramount. A speech prepared for delivering before medical practitioners may be extraneous in front of children. An ill- defined structure of speech may be incomprehensible and incoherent. As far as the use of the words in various disciplines is considered, the nature and relevance of words differ greatly from one another for instance, in law, legal language is relevant and may not be understood by everyone, especially those who do not have a prior knowledge of the legal domain. They are complex and technical in nature and require interpretation. Intricate terms that have a scientific meaning are used in the scientific domain like the medical field. These kinds of words require scientific knowledge and may not be understood by a layman. Despite of these differences, be it the literary world or the legal world or even the scientific world, their subject matters are enriched by words. Words have a diversified nature and hold significance depending upon the ‘world’ they are used in. They are the tools of communication that are intrinsic to human speech and expression.

Jaiveer Singh

The pages of my notepad with recommendations of various literary works scribbled on them flip and flutter with the gentle breeze. It appears like a treasure chest opening layer by layer. Though it took me a few minutes to compile but would require my entire legal career to critically comprehend the astute observations on language and literature. All thanks to the virtual Symposium organised and coordinated by Dr. Navleen Multani, Assistant Professor of English and Public Relation Officer, Rajiv Gandhi National University of Law, Punjab on 25^th September, 2021. It dealt with intersections between law and literature.

The resource persons, Prof. (Dr.) Prasannashu, Director, Centre for Linguistic Justice and Endangered Languages NLU Delhi and Dr. Nibir K. Ghosh, UGC Emeritus Professor and  Chief Editor, Re-Markings, deliberated on the significance of language and literary works for students of law. Ms. Chanima Wijebandara, Magistrate Judicial Officer,Sri Lanka and the author of  book Tea & Me, the guest of honour in addition also focussed on empathic and ethical elements that may be learned through literature. Prof. (Dr.) G.S. Bajpai, Vice- Chancellor, RGNUL urged the students to read the judgements of Lord Denning, Krishna Iyer and Oliver Wendell Holmes which have literary overtones. Writings of Indian wordsmiths such as Bankim Chandra Chattopadhyay, P.L. Deshpande and Shrilal Shukla address issues of power, authority and the rule of law. He referred to Munshi Premchand as a ‘world-class criminologist and legal researcher’. While Dr. Ghosh described words as lens to view the world anew Dr. Prasannashu termed it Shabd Brahma (Universe with sound). A legal practitioner must walk the path that leads from Ekantavada (One sidedness) to Anekantavada (Many sidedness). Apart from that, Vidya Dadati Vinayam (Knowledge gives us humility) should be his/her mantra. Legal practice involves client interview, witness examination, judgments and draft writing which makes proficiency in language essential. Orators like Cicero were able to decipher this code of law. Cicero‘s Pro Archia Poeta in defense of Aulus Licinus Archias is a classic which tackles contemporary questions in particular citizenship. A flautist can teach us how to present arguments as if they were pure tones and soothing notes, adapting the fingerings on the flute to the acoustics of the courtroom. In response to questions, Dr. Prasannashu discussed forensic linguistics by alluding to Mahant Narendra Giri Death Case as an example and linguistic justice in terms of NEP, 2020.

Prof. Ghosh began his discourse by acknowledging the eyes continuously monitoring him, scattered over kilometers physically as ‘Big Brothers’.  He spoke on the values that are entrenched in literature recounting Haar Ki Jeet by Sudarshan revolving around hermit Baba Bharati, his horse Sultan and extortionist Khadak Singh along with plagiarism accusation levelled against August Wilson during his high school years. Captive slave turned activist Frederick Douglass is highly recommended to read about. Subsequently he traced the path of Indian jurist Nani Palkhivala from an avid reader since childhood to the epithet of ‘God‘s Gift to India’. We must follow our Atma (Soul), our innate moral compass to be more like transformed Khadak Singh who returned Sultan rather than departing as most dangerous animal. Dr. Navleen Multani and Dr. Tanya Mander, Assistant Professors of English shared the impressions they had. The event came to a close with a song that pulled at everyone‘s heartstrings. Hmm, but whose song? The answer, my friend, is blowin’ in the wind!

Jashandeep Kaur

“Words are sacred. They deserve respect. If you get the right ones in the right order you can nudge the world a little.” remarked Tom Stoppard. Words play a very important role in everyday life. We live in a world where language is very important to express our feelings and to communicate with each other. Language has thousands of words with different connotations. Our word choice reflects our personality and it gives clarity of our expression to others. If we consider famous literature, we can understand the value of word choice. The writers use words that can strongly express their ideas to the readers. The word-choice requires good vocabulary skills and good command of language. These skills can be attained through reading of literature. Lawyers are referred to as the wordsmith as they use words to plead cases. Words are the most powerful tools for lawyers. If a person does not have a good command of the language and words then he cannot have a good command of the law. Literature helps in learning many new words and understanding many problems. Most of the literature is based on real-life problems, social issues and moral values that can be used to give judicial opinions on similar issues. Many judges/judicial officers around the world cite the relevant and important literature in judgement. This can give a clear understanding of the judgement to laymen. Northrop Frye aptly remarks, “Literature speaks the language of the imagination and the study of literature is supposed to train and improve the imagination.”

Khushi Kaul

“How can law and literature be interrelated?” This is a question that perplexed me before I attended the deeply engaging Symposium “Language, Law and Literature: Exploring Words and Worlds” organised by the department of English, Rajiv Gandhi National University of Law, Punjab on September 25, 2021. Eminent speakers Prof. (Dr.) Prasannanshu (Director, Centre for Linguistic Justice and Endangered Languages, NLU-Delhi) and Dr. Nibir K. Ghosh (UGC Emeritus Professor, Chief Editor Re-Markings) enlightened the attendees. Any misconception or doubt that I had in my mind about the relation between law, language, and literature got clarified after this informative seminar. Law, language and literature are almost inseparable. Language and literature are tools for the interpretation and practice of law. Law is a set of rules which is expressed and communicated through languages. One who has a command over language has an equal command over law. Laws can be interpreted by a competent lawyer in his client’s favour, if he has good mastery over the language. It has been observed that great lawyers are often brilliant orators. For example, Cicero, who was a lawyer in the Roman era, was also considered one of the greatest orators of his time, for his discourses on politics and society. Literature, more often than not, conveys the essence of law, or lack of it, through many stories it holds in its repository. A narrative about injustice in society often creates an equal impact in the minds of scholars and practitioners of law. During the freedom movement, many popular and great authors expressed the oppression and suffering of the enslaved nation through their literary works. These powerful and impactful writings were considered to be the voice of the people and represented their emotions. Famous works of Munshi Premchand, Mahatma Gandhi, Jawaharlal Nehru, Rabindranath Tagore, made the stakeholders of the Justice System conscious of the condition of the masses and had an impact on the reforms adopted to deliver relief and justice to the people. In my opinion, the greatest piece of literature pertaining to law is the Constitution of India, drafted by the Constituent Assembly headed by Babasaheb Dr. B. R. Ambedkar as its Chairman. The Constitution of India is a marvellous piece of literary art, composed with great precision and thought. I firmly believe that the Constitution of India should not only be regarded as a statutory document that empowers the State and the citizens by laying down the framework of fundamental principles, rights, and duties, but also be an integral part of the phenomenal literature of modern India. The interdisciplinary connection that binds people and society in a symbiotic relationship is expressed through words by law and literature.

 

Manvitha B. S.

The Earth revolves around the Sun and powerful words rotate the Earth. The physical world is creation of God and words are medium of communication. Words rule and govern the thoughts of the people. Words are extremely powerful tools that crystallize perceptions and emotions of human beings. “The words convey a fundamental truth about the relationship between what we say, the perceptions we hold and the imagery we evoke” (Brookings.edu). The word is a weapon which can either destroy the brave new world or create a better world.

George Orwell observes, “If thought corrupts language, language can corrupt thoughts.” The discrimination perpetually prevailed in the world. The words of the king can lead to war,           the words of the judge can end life, the words of the police can set up a mass killing and words of love can bring peace in the world. The words can create a champion and also a criminal. A champion or a criminal is created by the strong words used by the people to impact their thoughts. Benjamin Franklin said, “Remember not only to say the right thing in the right place, but far more difficult still, to leave unsaid the wrong thing at the tempting moment.”

The world can be changed by using the powerful weapon words. The words are sharper than the sword and softer than the heart. The humanized words can convert the criminals into champions of the world. The words can eliminate the evils of the world by peaceful words. The word is the king of the world, it can be Sinful King or Virtuous King.

Ria Bansal

A long time ago, before dinosaurs and tik-tok existed, God said, “Let there be light”,  the world was created. Another man, no less than god, said, “Give me blood, and I will give you freedom. ”With that, independent India, as we know it today, was born. Somewhere across the great oceans, Hitler spoke words like stone, but to the audience, they were like honey. Those words were so compelling that they were ready to kill for him, losing themselves in a frenzy of devotion. And what did it take to make them so? Words. Why is the spoken word so destructive? Why is it so effective? The speeches of simple men make them extraordinary. However, not always in the positive sense.  The Rashomon effect is one such case, where words that should be identical, provide different worlds. Filmmaker Akira Kurosawa first employed this storytelling technique in his film Rashomon (1950).  Essentially, it is about situations in which individuals have distinctive yet equally plausible accounts of what happened. In many cases, this is used to highlight the unreliability of eyewitnesses and the power of the spoken word to distort the truth. The two most common reasons for such fallacies are a lack of tangible evidence or a desperate need to achieve closure. An alleged bandit was accused of killing the Samurai in the film. A trial was held for the woodcutter, the priest (who saw the Samurai and his wife before the murder), the Samurai's wife, the bandit, and even the ghost of the Samurai. There are, however, multiple versions (accounts) of what happened at the event. The film ends in an ambiguous manner without any resolution. The beauty of the film lies in the fact that even the truth is arbitrary if there are no words attached to it. The way we understand trees, people, feelings etc. is through words. There is absolutely no concept of a world without words. However, these words can be dangerous if used in absolute terms. While in an academic conference different perspectives about the same topic can be useful, in a court variation in opinion causes conflicts to further the law.

H.P.S. Sunidhi Das

The synergistic relationship displayed by the two academic disciplines namely literature and law has been subjected to evolution over the years, only to result in the establishment of an ethical grundnorm and a flexible lexicon. The diverse genres of literature, i.e, poetry, non-fiction, satire, drama etc. have been incorporated in language of law. Literature adds meaning to the immutable language of Law. The facets of literature vary from communication between communities/individuals in ancient Mesopotamia to  inscription of  journeys of transformation by Gregor Mendel in the times of yore and Yuval Noah Harari today. Various works penned by renowned literary writers – George Orwell, Jane Austen, Charles Dickens, D. H. Lawrence, William Wordsworth, John Milton and Harper Lee enlighten minds.

Law guides and dictates the human behaviour to avoid aberrations in a subset of language that is cold and lifeless. The origin of this subject is an enigma, but the practice of Law can be traced back to the various civilisations such as the Sumerian Code of Ur-Nammu, the Babylonian Code of Hammurabi and the Edicts of Ashoka in India. Franz Kafka’s timeless tale The Trial is quintessential to the legal theory of basic rights and corroborates that democracy does not condone a textualist approach. The interdisciplinary subject finds its bearing in the landmark judgements such as the Right to Privacy case in Justice K. S. Puttaswamy vs. UOI and Sayra Bano vs. UOI dealing with Triple Talaq. Law plays the role of an afflatus for the writers as their literary pieces seek orientation from diverse themes in establishing a grundnorm encompassing various facets such as politics, economics and history into the dimensions of law in furtherance of its advancement.

Shagnik Mukherjea

“It is a sin to write this. It is a sin to think words no others think and to put them down upon a paper no others are to see.” - Ayn Rand

The interdisciplinary study of law and literature helps us understand the complex relationships between law, culture and the linguistic notions of justice. It creates tangible differences in the approaches of analysing legal texts in diverse contexts. This dichotomy between the spirit of the law versus the letter of law, first popularized in 16th century England by William Shakespeare, continues to play an essential role in analysing jurisprudence to date. It is often the case that legal aspects of societies represent the public zeitgeist, which constantly shifts and evolves as time progresses. Consequently, law, both theoretical and practical, is not a constant but instead a variable shaped by public sentiment and perception as cultures continue to develop and change. Owing to this unique phenomenon, the study of literature illustrates a humane perspective essential to understanding the concept of justice while also providing a philosophical approach to comprehend the reasoning and practical application of these laws. It provides a means to quantify the cultural evolutions of societies as well as the opportunity to reflect and critique these ever-changing aspects of civilizations. In the past, the torture of prisoners of war and the use of chemical weapons were legal, as were anti-Semitic laws and slavery. All of these instances, which are all forms of legal literature, illustrate the crucial difference between law and morality, the latter of which can only be grounded by the public zeitgeist and explored through language and literature. The explicit immorality of these statutes was part of the contemporary social identity, as were the events that ended these practices. The critiques and commentaries that helped evolve and change these public sentiments over time stand as a testament to the power wielded by literature. It is this unique ability of literature to not only provide an objective analysis of scenarios, but also to help shape and evolve societal expectations through theatre, fiction, and poetry, which helps societies and their aspects of law and justice to progress and evolve.

Shashank Tripathi

The course of history changed drastically with the birth of the first civilizations. With unprecedented growth of intellect, humans could transform their ideas into material and material into resources. But any transformation needs a medium to pass through;  the transformation of ideas was no anomaly and it required a medium too. Literature as that transformative medium today stands taller than the transformation itself as it facilitated the human civilization to  carry forth every innovation and idea that it came across. The existence and role of literature goes far beyond the present understanding of its origin and behoves us to delve deeper into its relevance today. A very few languages among the pool of dialects that might have existed in the past are alive leaving us uninformed about the intricacies of language and literature that led to the creation of modern world. This scarcity of information clubbed with underestimation of literary merit is responsible for the narrow vision towards literature and indifference towards its role, and therefore demands a rigorous reorientation. In the common parlance literature is seen as a culmination of ideas and their poetic and creative expression, while in reality it moves a step forth to form the philosophical, economic and political foundations of the society. Ranging from the Greek civilization to the Indus valley and Saraswati civilizations, the precedent to material outcome has been literature in the form of stories, philosophy, art, languages and science. The archaeological findings are limited to a fraction of literature which was produced only after the establishment of civilization, but it would be a flawed assumption to consider literature a successor of material outcome. Rather in fact, evidences of documented history conclude that any major human endeavour is preceded by a complex philosophical, literary and artistic legacy which facilitates the materialization of the same. Therefore, it would be a reasonable assertion and imperative realization that every major or minor civilization was made possible by a preceding set of literary tradition. The illegible scripts, cave arts, manuscripts and lost languages are the expressions of the forgotten ancestors who were dedicated for a historic revolution of mankind. It is no exaggeration to treat literature as an all-pervasive power that has shaped, shapes, and will continue to shape the society and its experiences.

Everyman limits literature to plays, novels, and poetry but an observant sees it penetrating all that exists ranging from law, religion, philosophy and science to everything else that drives the society. The all-pervasiveness is the cause for literary tradition being a parameter of progress since time immemorial: The Golden Greek period, Golden era of Islam and Golden  period of Indian history - literature adorns them all. This observation highlights the relationship between prosperity of society and literary output. Prosperity may or may not be completely dependent upon tradition and quality of literature produced, but history highlights that no society capable of producing extraordinary literature has ever  lacked economic, intellectual or influential prosperity. The 21st Century stands as a decisive battleground which can make or break the society. The world is facing cultural, ecological, political, spiritual and moral  indecisiveness. The clashes of indecisiveness and prior convictions are more prevalent than ever before and seek intellectual intervention to guide it. Literature as the eyewitness of the ancient and creator of tomorrow has the central role to play in this intervention. Rising above the narrow definition of literature and assisting this intervention for welfare of all is essential. As in Mahabharata, the greater picture of life was essential for Arjuna to move forth wisely; to evolve into a civilization more advanced and wise, world will have to rely upon larger understanding of literature leaving behind the banal understanding. The day society or an individual dives into literature, the history of civilizations will start to unfold, the untold stories will find space and the wisdom will give rise to the "Golden" period of 21st century. That shall be the re-establishment of literature as a mark of civilization, and words as the predecessors of a blissful new world. 

Shreya Jain

Literature becomes woven into the fabric of law and is aimed at people’s welfare. While a piece of literature does not have legal authority, it plays a paramount role by way of the precedential value of the opinion in which it appears. Works of literature have a societal context and delve deep into the limitless human experience. Vulnerable communities across the world have voiced their concerns by invoking popular imagination through literature and have significantly endeavored to take their struggle to the legal domain. For instance, the judgment of Budhadev Karmaskar v. State of West Bengal mentioned the stories of Sarat Chandra Chattopadhyaya to uphold the inherent right to life of sex workers in India.

Political Thinkers such as Locke and Thomas Jefferson enunciated that law protects the inalienable natural rights of human beings and conforms to moral standards. Literature aids the lawmakers to determine morality in law. Literary works in a narrative form reiterate the wrong use of law that leads to gross injustice. Literary works evoke human emotions, connect us to the reality of the society and make us realize the true meaning of substantive justice. Freedom as an ideal has customarily been treated with reverence, forming an integral part of law in democracies but Richard Bach’s Jonathan Livingston Seagull states that true law  leads to freedom.  Portia's Speech in The Merchant of Venice brought in the intrinsic value of mercy in law. The Kite Runner and A Thousand Splendid Suns by Khaled Hosseini expose the brutal, repressive laws introduced by the Taliban regime in Afghanistan. Harper Lee’s To Kill a Mockingbird explores prejudices, violence and hypocrisy. Literary texts emphasize that there are a set of higher moral principles against which law is to be judged and laws which impede human rights should be challenged by the people. In contemporary times, protests against unfair laws and regimes find traces of literature in them. The ‘three finger’ salute used by protesters in Thailand and Myanmar is inspired by the ‘Hunger Games Salute’. Literature has the potential to transform social movements and as law is a testimony to the will of the people, the intersection of law and literature has immense value. Literature can also enrich the legal narrative as an inductive representation of people’s thought process subtly encapsulated in literary works. Law in its bare form has to be put to wide interpretation; literature’s deep reflections can be extremely fruitful. A literary bent helps lawyers argue proficiently and judges articulate better. An advocate is the officer of the law and literature inspires him/her to uphold the flag of justice. Hence, we can conclude that law and literature are inexplicably intertwined and share a connection which is beneficial for the entire humanity.

Vanshika Jain

Literary works present narratives that are related to law. Franz Kafka’s Trial deals with legal issues. Literature is not only a medium to represent good aspects of law but also the means to expose the weaknesses of law. Charles Dicken’s Bleak House brings out the loopholes in the legal system by following a lawsuit. Such an exploration enables reforms in the order. As far as  literature in law is concerned, judges often make use of phrases, metaphors, quotes, literary examples, couplets to depict the characteristic passion of the courtroom, the sentiments of witnesses and the emotions of the parties. It becomes essential for the judge to use these so as to convey the true combination of pronouncements, the one which is able to reflect and mirror the proceedings to such an extent that it instils confidence in the public and brings out transparency. Literature also evokes empathy. For instance, a number of literary works have been cited by the court to communicate the message of human dignity as mentioned in Article 21 of the Indian Constitution while upholding the decision of conviction and sentence of life imprisonment to the accused in the famous case law of Budhadev Karmaskar v. State of Bengal. When citing these literary texts, one must be careful not to lose sight of the main purpose, the main concept, behind the judgment, or else literature as a tool to assist law will cease to be useful.  Law in literature showcases a general aspect of law and is a layman’s language not of a lawman. At the same time, literature in law serves as a tool for comprehensible judgments accompanied by sentiments and emotions. However, literature does not replace the law. Literature supplements the law.

 

 

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Why Literature Matters in the Study and Practice of Law