Irodalom a jogban: adalékok egy mérsékelten szkeptikus állásponthoz

Absztrakt

The author expresses his concerns about the theory of “Law and Literature” in five points (but only from the perspective of jurisprudence). On the basis of these concerns, he proposes a different approach from the one taken in the prevailing doctrinal trends. The literary aspects of legal writings, legal texts and legal documents should be treated uniformly as 'literature in law’. Two important distinctions are essential. The first is that the four spheres of law should be discussed in isolation; these are: (i) legislation; (ii) the application of law (with a focus on judicial practice); (iii) jurisprudence; and (iv) legal education. The second is to identify the substantive impact that literature can have on law. The author distinguishes four such relationships: (i) literature is the subject matter of law (legal texts); (ii) literature provides examples of legal problems; (iii) literature is the source of the content of a legal text; (iv) literature provides a model or analogy for solving a legal problem. The author seeks to explore the impact of literature on law along the lines of the connections thus distinguished.