Law and literature are two seemingly different fields. However, they are intertwined in more ways than one. Fictional works, in particular, have the power to influence real-life legal scenarios. How so? Let’s explore.
The Power of Storytelling
At its core, law is all about storytelling. Lawyers and judges use narratives to present their arguments and to decide on cases. Similarly, fiction is all about storytelling. Writers use stories to entertain, educate, and inspire their readers.
When a writer creates a fictional legal scenario, they are essentially creating a story that can influence how people perceive legal situations. For example, the novel “To Kill a Mockingbird” by Harper Lee has been credited with shaping public perceptions of the justice system and influencing legal decisions. The novel’s portrayal of racial injustice and the courage of a lawyer fighting against it has had a significant impact on American society.
The Use of Fiction in Legal Education
Fictional works are also used in legal education to teach students about the law and its impact on society. For example, law schools often use novels such as “The Trial” by Franz Kafka or “The Stranger” by Albert Camus to teach students about the legal system and its flaws.
In addition, fictional legal scenarios can be used to teach students about legal ethics and the importance of upholding the law. For example, the television show “Better Call Saul” explores the ethical dilemmas faced by a lawyer who engages in unethical behavior. By watching the show, law students can learn about the consequences of unethical behavior and the importance of acting professionally.
The Impact of Fiction on Legal Decision Making
Fictional works can also have a direct impact on legal decision making. For example, in the case of R v. Dudley and Stephens, a real-life legal case involving the murder of a ship’s cabin boy, the judge referenced the novel “The Custom of the Sea” to support his decision. The novel, which explores the moral dilemma of cannibalism at sea, was used to argue that the defendants had acted out of necessity and should not be found guilty of murder.
Similarly, in the case of R v. Woollin, a real-life legal case involving a man who threw his baby son against a wall, the judge referenced the novel “Of Mice and Men” to support his decision. The novel, which explores the concept of mens rea (the intention to commit a crime), was used to argue that the defendant had acted with the necessary intent to be found guilty of murder.
Law and literature are two disciplines that may seem unrelated, but they are inextricably linked. Fictional works have the power to influence how people perceive legal scenarios, to teach students about the law and its impact on society, and to even have a direct impact on legal decision making. As such, it is essential for lawyers, judges, and law students to appreciate the power of storytelling and to understand the influence of fiction on real-life legal scenarios.
