Foundations of the law and literature movement

an analysis of the first seven years of the american journal Cardozo Studies in Law and Literature (1989-1995)

Abstract

Contextualization: The Law and Literature Movement, initiated in the USA in 1973, sought to integrate the two fields in pursuit of a more critical education. The journal Cardozo Studies in Law and Literature, founded in 1989, established itself as an essential platform for the development of this movement, promoting debates on the intersection of law and literature.

Objective: This paper aims to investigate the main discussions present in the journal during its first seven years of publication (1989-1995), classifying them into the categories proposed by Peters (2005) — Humanist Project, Hermeneutic Project, and Narrativist Project — while proposing the inclusion of a new category, the Ethical-Legal Project.

Method: The study utilized a qualitative methodology through bibliographic analysis. All papers from the 1989-1995 period were accessed and classified according to Peters’ (2005) categories, and contributions justifying the creation of a new category, the Ethical-Legal Project, were identified.

Results: The results indicate that the papers under the Humanist Project emphasize the potential of literature to critique and humanize law. The Hermeneutic Project addresses legal interpretation with a focus on rhetoric and semiotics, while the Narrativist Project values the narratives of marginalized voices. The Ethical-Legal Project explores the responsibility of intellectuals and artists in contexts of censorship and power.

Conclusions: The research contributes to a better understanding of the different approaches within the Law and Literature Movement, highlighting the relevance of Cardozo Studies in Law and Literature in promoting interdisciplinary debates. The inclusion of the new category, the Ethical-Legal Project, expands the analytical perspectives in the field.