Can a Literary Approach to Matters of Legal Concern Offer a Fairer Hearing than that Typically Offered by the Law?

Abstract

From Professor Watt’s introduction: It is a wonderfully clear account of the claims that may be made for law and literature and will serve as a fine introduction to readers who are coming to the subject for the first time. It also explains some significant recent developments in the Australian jurisdiction which were new to the editors of this journal and may be new to many readers. One recent development of particular relevance to the theme of this journal, and this issue and part in particular, is the case of the judge who sought to supplement the shortcomings of a technical judgment by appending something approaching a full narrative account. The effort is reminiscent of narrative verdicts in coroners’ courts in the UK, but the attempt to give a voice to the voiceless is even more overt in the Australian example. The Australian case deserves close and sustained scrutiny, and judging from the quality of Sean Mulcahy’s excellent introduction to the matter, he may well be the person to provide it.