A PRACTISING LAWYER

LOOKS BACK ON LAW AND

LITERATURE
DANIEL J KORNSTEIN
RAPID EVOLUTION OF LAW AND
LITERATURE

• In two decades, the ally of Law and Literature has evolved from
being an abstract idea to a ‘contemporary school of Jurisprudence’.

• Produced an ever expanding body of Literature which is ‘probing,

controversial and fascinating’.
DRAWBACKS

• Kornstein points out that the greatest drawback for Law and Literature has been
its failure to reach and engage the ordinary practising lawyer.

• There is an existing gulf between the existing academia and the praxis of law
and Literature.

• Unlike all other successful movement, this movement is marked by a lack of

coordination between the ideas and the tools of the movement which would
bring the social change.
COMPATIBILITY OF LAWYERS WITH
LITERATURE

• Kornstein suggests lawyers are absolutely capable agents who would help the movement of Law and
Literature prosper.

• On comparing Kornstein reveals that for both lawyers and the students of Literature, the analytical
faculty is of utmost importance.

• Both the set of students function in quite similar ways, i.e. analysing the text and deducing from them.

• Reading and reflecting upon the lawyers’ characters from the world literature (works of Shakespeare,
Kafka, Flaubert) would provide the practising lawyers with viewpoints, insights and a sense of pride in
themselves.
THE UNBRIDGED GULF AND THE LACK OF
THE CONTACT ZONE

• The author highlights the unbridged gulf which exists between the praxis of law
and literature and the present academia related to it.

• There is a segregation of the two spheres, i.e. the practical application of the
ideas and the existing literature of the law and literature movement.

• Kornstein problematizes the situation by illustrating some examples and

explains that there is no formation of the contact zone, where the two
aforementioned non-converging spheres ever get to interact and influence each
other.
SUGGESTIONS

• Prudent selection of texts and topics which would be interesting,

accessible and of some utility to the lawyers.

• Hosting of book-groups, bi-monthly meetings.

• The BAR Association should also get more involved into the
project of law and literature and catalyse the process.
THE FUTURE AHEAD

• Kornstein is primarily concerned about the lack of influence the

movement of law and literature has had till date on practising lawyers.

• Due to its uninfluential nature, the author considers the movement to be

an episodic, fringe intellectual movement.

• The success of the movement depends on the degree to which it is able

to mobilize the practising lawyers.
THANKYOU!