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
25th
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
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 25th
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.
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
