Law, Literature, and the Vanishing Real: On the Future of an Interdisciplinary Illusion

Abstract

I begin with a story: Some never-to-be-untangled amalgamation of history, caricature, and the truer than true that is fiction. A little over a decade ago, at a great and august university, a group of professors met to talk about law and literature. Most of the literature professors had been Vietnam War protesters, staged sit-ins, marched on Washington. Some of the law professors had spent time in Paris listening to Derrida and smoking Gauloises by the Seine. They had all watched the birth and death of deconstruction, critical legal studies, new historicism, various feminisms (though they weren't positively sure all these were dead). The law professors had been reading Adorno and Althusser; Barthes, Benjamin, and Butler; Deleuze and Derrida. The literature professors had been reading the Critical Legal Studies Reader and Amnesty International reports. The law professors were worried that narratology and post-colonial theory might already be passé. The literature professors were concerned, as a matter of principle.