Law and American Literature

Abstract

Law and American literature is a subfield of the wider interdisciplinary field of law and literature. Law and literature are socially embedded discourses that rely on narrative and figures of speech to describe events, render them meaningful, and persuade audiences. Even as law and literature each has its own unique rhetorical forms (e.g., the statute, the legal opinion, the novel, the poem), as well as specific techniques and protocols for creating, organizing, and disseminating their narrative products, they share a fundamental commitment to ordering and interpreting our understanding of the world around us. Although the law itself is often thought of as an objective arena to which disputes are brought for adjudication and resolution, law does much more than simply arbitrate preexisting disputes. It is inherently a political and rhetorical practice that has coercive power to shape in myriad ways the most significant and intimate aspects of our lives. Law confers and delimits rights and opportunities, privileges some identities and disadvantages others, and defines acceptable and proscribed behaviors. Unsurprisingly, then, the law and important legal issues have been a constant source of interest and inspiration for American literary authors. Although obviously lacking law’s coercive or normative power, literature alternatively provides ways of thinking and imagines modes of being that help to form readers’ understandings of the world and their places in it. Over the 21st century, American writers’ longstanding interest in the law has been particularly resonant for Americanist literary critics, who often combine a theoretically informed historicist interpretive methodology with an interest in social justice. Scholars of “law and American literature” have provided sophisticated analyses of literature and law’s intersection on a litany of subjects. Prominent among these topics has been scholars’ examination of the many ways that legal and literary works have parsed the racial dynamics of the United States, a nation that has repeatedly used the law to construct and organize racial difference. Significant areas of imbrication between law and American literature over the 19th, 20th, and 21st centuries include slavery, citizenship, property, and incarceration.