Perhaps the first to envision the movement were John Wigmore and Benjamin Cardozo, who recognized writers and poets as the most important law professors of the first half of the 20th century. However, James Boyd White is considered the founder of the legal and literary movement because of his dedicated research and outstanding publications in this field. Among his many books and literary articles, his most famous publication is « The Legal Imagination ». This book is often credited with initiating the legal and literary movement. It was first published in 1973. This book is an amalgam of anthology and criticism, superficially resembling a collection of legal jurisprudence, but drawing on a much wider and more diverse range of sources, with top notes and questions highlighting the relationship between legal texts and literary analysis and the literary texts and legal issues they explore. [5] [4] Denise Forster, Using Literature to Make Better Lawyers, UVA Lawyer (June 11, 2016, 11:45), www.law.virginia.edu/html/alumni/uvalawyer/f05/literature.htm The mix of law and literature has certain advantages for both subjects. First, literature is exceptionally capable of examining human psychology and human conditions through text. This capacity can be combined with the legal framework that governs human action in real life and really paves the way for a democratic judiciary, which is a prerequisite for the establishment of a just and moral society. Second, literature is seen as carrying the human will and freedom of expression.
This feature can be positively integrated into the judicial system to enable more humane legal decisions. Richard Delgado and Jean Stefancic argued against White and his theory of some famous legal cases in U.S. history; and they agree with Posner on several points. According to Delgado and Stefancic, adherents of critical racial theory, the moral position of judges is determined by normative social and political forces rather than literature. Law and literature use two different vocabularies. Literature is the culmination of humanity`s inspirations, desires and emotions, all brought together in this personalized commodity. He has a lot of passion and attitude. It reflects the thoughts and style of the writer.
The novels Jing, « The Woman in the Tower » by Yung and « The Trial » by Franz Kafka. The best thing about Franz Kafka`s novel « The Trial » was not the enemies of justice, but the error of the legal system. It emphasizes the importance of a logical structure. People can be murdered at any time if there is no proper justice system. « The study of law and literature can be divided into two main types. » Law in literature » and « Law as literature ». As a representation of law in literature, we can take note of the definition of the legal order in classics and dramas. If we look at it from the perspective of « literature in law, » we use literary vocabulary and philosophy to describe these kinds of laws and cases. This is called the « law in literature. » The works of William Shakespeare contain a remarkable amount of legal terms. Apart from that, they are also used very precisely. The use of legalese in Hamlet is quite impressive. But this is « The Merchant of Venice, » a controversial story about a Jewish moneylender that explores issues of justice and bias in legal systems.
[18] Portia`s speech is still considered a classic today. Even the eulogy of Mark Antony at Julius Caesar is considered one of the best speeches delivered. Both lectures teach law students the skills of advocacy. The movement began to attract attention in the 1970s and gained a lot of ground in science in the 1980s. Proponents of legal theory in literature, such as Richard Weisberg and Robert Weisberg, believed that literary works, especially narratives of legal conflict, would offer lawyers and judges a glimpse into the « nature of law » that would otherwise be lost in the traditionally rigorous study of legal rhetoric. [6] Both law and literature use the same form of explanation. Literature uses literary vocabulary to present works of art. The goal is a coherent approach and execution of the entire frame within the framework of the artistic value of the work. Legal theories, on the other hand, would follow two conditions. Legal explanations must be useful.
