Dr Kailash Atkare
In order to develop new ideas and ethical standpoints, the knowledge of English literature is very important. Literature is always considered evolved multidisciplinary studies. Law is a factual science. Law and literature change with the times. The literary corpus of Sophocles, Shakespeare, Dickens, Kafka and others fascinated readers over the years and also showed efficiency of judicial system in their writing.
Ex-Chief Justice of Delhi High Court A P Shah once said that literature is more fluid. A speech can be literature like novel or epic Ramayana and Mahabharata. Gandhi's journalism can be regarded as literature too, Nehru’s Discovery of India. Homer’s epics Iliad or Gibbon’s The History of Decline and Fall of Roman Empire are as much literature as Lincoln’s address. Orwell said the parameter to judge a literary work is its ability to survive over the time in competition with other works which peep beyond the centuries. Law and literature are branches of knowledge, but the connection is complex and interesting. Literary works deal with law as a theme in literature. Dickens said in Oliver Twist ‘law is ass.’ Writing laws is very easy, but governing is difficult. Literature is important for judicial system. It helps lawyers and judges to articulate. Law regulates fundamental aspects of literature.
Law has fascinated lawyers like Sir Walter Scott, Dostoevsky, Tolstoy, Kafka, P. L. Deshpande, Gandhi, Ambedkar and others towards literature. Merchant of Venice, The Silence Court is in Session, Justice, The Trail etc. gave insight to judges and lawyers professionally. Literature embodies wisdom. It has given canonical expression to legal profession. It has given insight to court room drama or trial to students. Foe placed against foe, the slow buildup of tension between the parties, this is irresistible to a literary mind with dramatic proclivities. Film based on law like Talwar, (Aarushi murder case), Rustom (Nanavati trial), Murder Mystery, Kay Dyach Bola, Pink, Jolly LLB have handled theme of law. Broken hearts cannot break prison walls. Judges are prisoners of the law. There is message for judges too in rebellious words of Thoreau that the law will never make men free, it is a man who have got to make the law free.
(The writer is assistant professor of English language and literature).