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266693

‘Poetic Justice’? Reading Law and Literature

Article

Last updated: 04 Jan 2025

Subjects

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Tags

Studies in World Literature

Abstract

Law and literature are generally thought of as two mutually independent pursuits whose paths do not often cross. Though their functions on the human person are antithetical- literature enables human creative expressions while law restricts unfettered human behavior- their value to human flourishing cannot be discredited. The exercise of reading/interpretation is common to both domains, albeit in varying senses and degrees. The primary aim of this paper is to attempt a ‘reading' of law through a legal text from the literary vantage point. This act of ‘reading' shall remain sensitive to the functional differences between the two pursuits as regards their instrumental goals in society. The legal text under analysis is the Supreme Court of India's 2017 judgment in Justice Puttaswamy v. Union of India on the constitutional protection to privacy. The judgment, which presented a comprehensive study of the legal and constitutional implications of privacy, declared that the right to privacy is a fundamental right protected under the Constitution of India. In analyzing the judgment, the paper also seeks to illustrate the dynamics of legal reasoning and the interpretive modes that form the background of judicial opinions.

DOI

10.21608/tjhss.2022.266693

Keywords

law, literature, interpretation, jurisprudence, privacy

Volume

3

Article Issue

4

Related Issue

37311

Issue Date

2022-10-01

Receive Date

2022-02-23

Publish Date

2022-10-01

Page Start

7

Page End

15

Print ISSN

2636-4239

Online ISSN

2636-4247

Link

https://tjhss.journals.ekb.eg/article_266693.html

Detail API

https://tjhss.journals.ekb.eg/service?article_code=266693

Order

266,693

Type

Original Article

Type Code

1,087

Publication Type

Journal

Publication Title

Transcultural Journal of Humanities and Social Sciences

Publication Link

https://tjhss.journals.ekb.eg/

MainTitle

‘Poetic Justice’? Reading Law and Literature

Details

Type

Article

Created At

22 Jan 2023