Benefits Of Studying Law And Literature By Law Students.pdf

Benefits of studying law and literature by law students 1. Study of literature has a prismatic tool that enables to peep inside chronicles of history:- Law is a tool of social construct that needs to be altered with time and therefore it can’t work in isolation rather it must take into account various social and historical context to guide and shape the society in desired manner. When we look at the laws that are prevalent in our times we can easily see that some of them requires complete alteration as they have lost their true essence in modern times. But how can we critically analyse those grounds on which those laws were drawn at that point of time without knowing the historical aspect and the social connotations that were prevalent at that time. (Relate it with literatures that deal with sec 497 of ipc, or sec 124A)

2. It gives you an insight to understand mores and manners of society which ultimately paves the path for a better judgement: - As a student of sociology we know that law doesn’t work in isolation and if it does then there is a wide gap in law in books and law in action. To bridge this gap of difference legal jurist strive to understand the society in general. Now this study is not only limited to the ground works but rather the literary works of various authors can prove to be a great source of knowledge to understand the society and its function. (Relate with Premchand and Mulk Raj Anand)

3. Study of literature makes a judge more empathetic towards litigant and sufferers who can provide a more humane judgement: - When we concise ourselves to the books of law and just going through the facts and laws applicable in the case we forget about the very point that law is there for governing the behaviour of humans and therefore the very human emotions like that of empathy, sympathy, kindness etc are lost. Modern jurist believe that this can be harmful for the legal system in long run as it will detach itself from the very essence itself. “Only the wearer knows where the shoe pinches” ( Relate it with Shylock reference from Merchant of Venice, or with the “Mechanical Justice”)

4. Study of Literature makes a lawyer more argumentative and judges more expressive and articulate: - The more one have the knowledge over various filed the more points of arguments one can bring in his depositions. Similarly the more a judge is aware about various field of knowledge the more expressive and rationale he can bring in his judgement. The various decisions given by Justice Krishna Iyer and recent verdicts of SC having great

judgement writings of D. Y. Chandrachud shows that how effective can one be if he has grasp over the very beauty of literature. Justice Vivian Ghosh on judging the case of Bidi Supply Vs UOI quoted from literary texts that “Constitution is not only meant for people belonging to upper class.”

5. Study of literature imparts jurisprudential insight: - With literature reading a person can be more insightful and can develop the power to perceive a situation with various angle which is like a requisite for Judges who are given the power to engineer the Society. One more important aspect of this is, One has to be insightful in order to give judgements which are not only fruitful in present scenario but also in the context of future as then only a judgement receive its popularity and to achieve this level of insight one must take guard of Literary text as anticipation is required. Study of literature leads to development of fertile mind and then there would be no dearth of idea.

6. It enhances ones rhetoric skill and depth and profundity in the language: - Reading of literary text will also lead to ones development of language and better command over language (Self-Explanatory)

7. It also helps in better decision making: - With a better knowledge and better argumentative skill and a person with reasoning is sought to be developed and this person would eventually take a better decision than a misinformed and irrational person. Since the law makers, enforcers and interpreters are social engineers this level of informed and rationale decision making is highly desired.

8. It also helps in overcoming ones preconception and preconceived notion: - Study of literature and its analysis actually tell us that there are more than just one side of the story. Taking simple example with my personal experience, study of Merchant of Venice and its critical analysis helped me in realising that even Shylock was victim of circumstances created as a result of anti-Semitism. The harsh punishment he was forced to go through, all these not only developed in us a feeling of empathy towards him but also made us realise that we shouldn’t be preconceived by any believe like that portrayed in this drama about shrewdness of Jews etc., as a future law ambassadors.