Law as Performance

Abstract

Abstract The analogy between law and the literary text has been central to the law-as-literature movement since its inception. Both of us have contributed to the development of this analogy, and both of us have learned much from it. Yet every analogy has its limitations, and we think it is time to move on. We believe that the comparison between law and the literary text interpreted by an individual reader is inadequate in important respects. A much better analogy, we think, is to the performing arts-music and drama-and to the collectivities and institutions that are charged with the responsibilities and duties of public performance. In other words, we think it is time to replace the study of law as literature with the more general study of law as a performing art.