INTRODUCTION
There has been a long-standing debate: Should the gavel of justice be swayed by the pen of literature? Let this blog dare to delve into exploring the harmonious relationship between law and literature disciplines. Justice is nothing but treating individuals and groups impartially and ensuring that they receive what is due or deserved according to law and morality[1], while law is a tangible thing through the means of constitutions, statutes, regulations, and case laws; morality is not, it can only be felt through the verses of literature, by analyzing the themes, characters, and moral dilemmas depicted in literature from different historical periods, we can trace the evolution of moral thought. In courts of jurisprudence, justice is achieved when the law meets human experience and literature is woven in the tapestries of experiences. Let us give the chance to courtrooms to become a stage and the judge, a storyteller as people have often gleaned more profound lessons from dramas than from real-life experiences.
THE LITERARY USE IN JUDGEMENTS
A ‘literary’ use of a fictional account in a judgment is where an author’s name, the title of the book, a quote, or an idea of a literary work is used to evoke an image that helps colour the argument[2].
Judges often consult various sources such as dictionaries and literary works before writing judgments. They do thorough research before putting their thoughts onto paper, and that research aims to explore how using literature influences the writing of judgments.
CHALLENGES AND BENEFITS OF USING LITERATURE IN JUDGEMENTS
Giving reference to literary work isn’t an easy task although using literary work in legal judgments can be seen as a method to understand words or concepts better[3], relying too heavily on literary works to define terms can lead to differing interpretations, potentially raising concerns that the judgment is influenced more by emotion than legal principles this is what a lot of critic says also states, ‘A work of literature exists on the printed page, but it gains life and meaning only when individual readers bring their knowledge, beliefs, feelings, and values to the reading experience[4]’, a person who is going out of their way to be able to present judgment which is not conventional and tiring must have already taken care of those challenges either by conducting a comprehensive study of the literary works they cited or by providing sufficient context to help readers understand the relevance and significance of the reference in the judgment itself.
RELATABILITY AND PERSUASION IN LEGAL ADVOCACY
The jury may be out on whether the use of such literary references in court rulings should be dispensed with, but they often impart a sense of relatability for the readers of the judgment.[5] Not only in the judiciary legal advocacy also frequently depends on the art of storytelling and skilful persuasion. Literature offers rich examples of impactful narratives, rhetorical strategies, and convincing arguments that can be employed to effectively advocate a case. Literature often delves into ethical dilemmas, moral complexities, and issues of justice, all of which are core elements of the legal realm. Additionally, literature offers valuable perspectives on diverse cultures and historical contexts, crucial for legal practice, especially in cases with multicultural or international dimensions, also it helps them in effectively advocating for their clients across different cultural and international contexts.
THE ART OF JUDGEMENT WRITING
Saying by Lord Hope of Craighead goes – ‘Writing judgment is an art, not a science’[6].
Given that artistic skill is not universally possessed, the incorporation of literature into legal proceedings is uncommon and not frequently encountered. However, the judges who do use it are observed to employ popular literary works for diverse purposes with a firm aim which is to interpret specific terms or concepts and elicit emotional responses from readers. Emotional language or storytelling techniques can enhance the impact and memorability of the judgment, by tapping into emotions, judges can humanize the legal process and the individuals involved in the case.
HISTORICAL PERSPECTIVE AND SOCIETAL REFLECTION
Plato’s words that ‘A society’s Law book should, in right and reason prove, when we open it, far the best and finest works of its whole Literature[7]’ is proof that the link between literature and law was acknowledged as early as two millennia ago, saying explain that the law should reflect the best qualities of the society’s literature. Just as great works of literature often explore deep themes, complex characters, and moral dilemmas, the law should be similarly thoughtful and insightful. It should be written in a way that is accessible and comprehensible to ordinary people so that everyone can understand their rights and responsibilities within the legal system. A significant benefit of turning to literature is its ability to evoke both emotional and intellectual responses, unlike law. Literary references serve multiple purposes: they make the reader understand the meaning of legal terms, sometimes even make the reader laugh, and also evoke compassion for parties or issues in a case.
EXAMPLES OF LITERARY REFERENCES IN JUDGEMENTS
For example – when judges cite Dickens to comment on the prison conditions or Orwell to characterize government behaviour, the citation evokes not only the richness of the novel and its place in our collective history, but also the reader’s full experience with the novel and it’s meaning[8], or in 2021s decision to dismiss the bail application of Jawaharlal Nehru university student Sharjeel Iman, additional session judge Anuj Aggarwal commenced his verdict by referencing a quote by swami Vivekanand saying, ‘we are what our thoughts have made us; so take care about what you think. Words are secondary. Thoughts live; they travel far’[9]. When it comes to poetry in judgment another bail case of 2020 comes to my mind where additional judge Amitabh Rawat penned a poem, two lines of that poem read – ‘The state proclaims; to have the cake and eat it too; The court comes calling; before the cake is eaten, bake it too’[10], this may have marked the first instance where the details and rationale of a case were presented in poetic form. Justice Asif Saeed Khan of SC of Pakistan while citing Khalil Gibranis’ poem in the contempt proceeding against PM Syed Gillani added his poetic expression, which reads – ‘Pity the nation whose servants treat their solemn oaths as nothing more than a formality before entering upon office’. This kind of judgment leaves an imprint on our minds, these are merely the few examples I’ve cited among multiple other judgments also citing valuable literary works.
THE LITERARY IMAGINATION AND JUDICIAL DECISIONS
The book “Poetic Justice: The Literary Imagination and Public Life” by Martha Nussbaum suggests that judicial decisions influenced by the “literary imagination” are likely to be sounder and wiser compared to judgments reached through alternative methods[11]. As already stated writing judgment isn’t an easy task, and in the opinion of lord Craighead it is better to leave the knack of citing literary works to the senior judges[12] as it may perceived as a display showing off. But from my perspective, balancing the richness of literary insight with the necessity for judicial humility remains a delicate endeavour, yet one that promises to enrich the pursuit of justice in our societies.
CONCLUSION
While the incorporation of literary references in legal proceedings remains a subject of debate, it undeniably adds depth, relatability, and emotional resonance to judicial decisions. As observed through various examples spanning different jurisdictions and eras, from the poetic musings of judges to the poignant citations of literary giants, it’s evident that literature has the power to enhance the understanding of legal principles and humanize the legal process. I being a law student can assure you that reading a judgment becomes more interesting if the judges have cited sayings that are known to us, it makes their written work more relatable and not tiring to read. In the end, as we navigate the complexities of justice and human experience, let us not shy away from using the power that comes with literary wisdom in the pursuit of a fairer society.
Author(s) Name: Vedangini Muley (ILS Law College, Pune)
References:
[1] Manuel Velasquez, Claire Andre, Thomas Shanks, S.J., Michael J. Meyer, ‘Justice and Fairness’ (Santa Clara University, 1 August 2014) <https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/ > accessed on 13 May 2024
[2] Chanima Wijebandara, ‘Fiction and Poetry in judgements’ (academia.edu)
<https://www.academia.edu/10119794/Fiction_and_Poetry_in_Judgments> accessed on 13 May 2024
[3] Chanima Wijebandara , ‘Fiction and Poetry in judgements’, (studocu) <https://www.studocu.com/in/document/rajiv-gandhi-national-university-of-law/ballb/fiction-and-poetry-in-judgements/25287975> accessed on 12 May 2024
[4]Chanima Wijebandara, ‘Fiction and Poetry in judgements’ (academia.edu)
<https://www.academia.edu/10119794/Fiction_and_Poetry_in_Judgments> accessed on 13 May 2024
[5] Aamir Khan, ‘ Poetic Justice: When judges referred to literary works and famous quotes in their verdicts’ (bar and bench, 4 Nov 2021) <https://www.barandbench.com/columns/poetic-justice-when-judges-referred-to-literary-works-and-famous-quotes-in-their-verdicts> accessed on 12 May 2024
[6] Chanima Wijebandara, ‘Fiction and Poetry in judgements’ (academia.edu)
<https://www.academia.edu/10119794/Fiction_and_Poetry_in_Judgments> accessed on 13 May 2024
[7] Adv. Shepalie, ‘Knot between law and literature’ <https://www.legalserviceindia.com/legal/article-6271-knot-between-law-and-literature.html> accessed on 12 May 2024
[8] Chanima Wijebandara, ‘Fiction and Poetry in judgements’ (academia.edu)
<https://www.academia.edu/10119794/Fiction_and_Poetry_in_Judgments> accessed on 13 May 2024
[9] Aamir Khan, ‘ Poetic Justice: When judges referred to literary works and famous quotes in their verdicts’ (bar and bench, 4 Nov 2021) <https://www.barandbench.com/columns/poetic-justice-when-judges-referred-to-literary-works-and-famous-quotes-in-their-verdicts> accessed on 12 May 2024
[10] ‘Judges’ lyrical order while granting bail to man in Delhi riots case’ (NDTV, 8 Novemeber 2020) <https://www.ndtv.com/delhi-news/delhi-riots-case-judges-lyrical-order-while-granting-bail-to-man-2322166> accessed on 12 May 2024
[11] Martha Nussbaum, Poetic Justice: The literary imagination and public life,(first published 1995, Beacon Press) 143
[12] Chanima Wijebandara, ‘Fiction and Poetry in judgements’ (academia.edu)
<https://www.academia.edu/10119794/Fiction_and_Poetry_in_Judgments> accessed on 13 May 2024
