CompaRe | Allgemeine und Vergleichende Literaturwissenschaft
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Law is other wor(l)ds
(2022)
This paper turns to the thought of Yan Thomas to address the way of constructing categories and operating through them that is typical of law. The art of law displays a special quality: the reduction of the 'things' of the social world through the construction of categories, and the use of these same categories to conduct legal operations. The paper argues that the quintessential legal performance is instituting, and it finally asks how to exercise a legal imagination for Gaia.
Law and literature: that is a sufficiently broad subject to warrant reference to the Fontane character Effy Briest’s "wide field." Indeed, the sites where law and literature encounter each other, where they border on each other, merge, converge, overlap, or where they relate as opposites, even finding themselves as rivals or enemies seem legion. In contrast to the intentions of Effy Briest in that famous novel, my reference to this line is not intended to abort further inquiries; instead I want to chart the field in question with the aim of developing a preliminary typology of the ways in which law and literature have been engaged and have engaged one another. Against the background of this overview, I want to turn to a much smaller field. This small field - a plot of long fallow farmland, to be exact, located between two adjacent, perfectly maintained wheat fields in a fictive Swiss village - will serve as an example or test site for "law and literature" as they emerge in Gottfried Keller’s narrative 'Romeo und Julia auf dem Dorfe', from his mid-nineteenth century collection of novellas 'Die Leute von Seldwyla'. Whether and how the case study of that small field at the centre of Keller’s story can make a case for the larger field of "law and literature" remains to be seen.