Irodalom? Jogbölcselet?

Varga, Csaba (2007) Irodalom? Jogbölcselet? IUSTUM AEQUUM SALUTARE, 3 (2). pp. 119-132. ISSN 1787-3223

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Abstract

For “Law and Literature”, ‘law’ is not any longer what has to operate in daily life, while ‘literature’ stands for a genuine totality of anything distinct of – albeit underlying – law. Or, the movement itself plays a kind of Jolly Joker suitable both to account for our imaginary lost fullness (by making us conscious of this latter’s inexhaustible deepness) and also to convince everyone on the original fallibility of whatever explication that can be done, i.e., of the transcendeability of limitations through limited means. This is why literature in such a context is freely replaceable by anything indeed, from variable artistic expressions to observed events in life or nature. German foundational pioneering getting contrasted with American political partisan uses and French forceless copying, Law and Literature is seen as one of the most promising ways of getting perspective on law, with special regards to its being never-endingly torn between the abstract generality of provisions and the concrete individuality of cases (that is, between the unavoidably logistic-formalistic response law can offer to challenges by morally filtered human needs), as exemplified by Madách’s Tragedy of Man, Kleist’s Michael Kohlhaas, Sophocles’ Antigone, or Dostoievsky’s Crime and Punishment. Thereby the underlying humane call for a legal profession is reconsidered by para-legal means, in replica of the Augustinian confessions which could, in terms of love abounding from humans, speak in fact about our necessary belief in God.

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