Critical Approaches in Law and Literature
A.Y. 2025/2026
Learning objectives
1. Provide students with an in-depth knowledge of the relationship between law and literature and its thematic and methodological relevance for both legal and literary studies.
2. Promote the use of critical thinking through comparative work, by referring to case studies (both jurisprudential and literary).
3. Encourage the use of interdisciplinary perspectives for the analysis of exemplary social and political issues (e.g., social injustice and sexual freedom), also to promote theoretical approaches for a dialogue between heterogeneous fields of knowledge.
2. Promote the use of critical thinking through comparative work, by referring to case studies (both jurisprudential and literary).
3. Encourage the use of interdisciplinary perspectives for the analysis of exemplary social and political issues (e.g., social injustice and sexual freedom), also to promote theoretical approaches for a dialogue between heterogeneous fields of knowledge.
Expected learning outcomes
Upon completion of the course, students should be able to:
1. Explain the origin and developments of law and literature studies, their functions, and their potential critical uses.
2. Discuss some theoretical issues (e.g. fiction, language, interpretation) through reference to concrete cases and recurring disagreements, especially in societies characterized by pluralisms of various kinds.
3. Critically debate around some fundamental ethical conflicts (e.g. on freedoms), by referring to the narrative/normative attitudes of both laws and decisions, on the one hand, and literary texts, on the other hand, with particular reference to the short story and the novel.
1. Explain the origin and developments of law and literature studies, their functions, and their potential critical uses.
2. Discuss some theoretical issues (e.g. fiction, language, interpretation) through reference to concrete cases and recurring disagreements, especially in societies characterized by pluralisms of various kinds.
3. Critically debate around some fundamental ethical conflicts (e.g. on freedoms), by referring to the narrative/normative attitudes of both laws and decisions, on the one hand, and literary texts, on the other hand, with particular reference to the short story and the novel.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
Part A (20 h.) aims to synthetically reconstruct the development of the field of law and literature through its connections with critical legal studies, by referring to a classic text legal theory of law (The Concept of Law, Hart).
Part B (20 h.) focuses on some of the questions of literary theory in particular what values can be conveyed through stories and how literary representations convey worldviews - in a similar and yet different way to the main form of social regulation, namely law.
Finally, part C (optional, 20 h.) leads students through the analysis of some philosophically significant themes, both from a legal and literary of view: fiction and truth, case and example.
Part B (20 h.) focuses on some of the questions of literary theory in particular what values can be conveyed through stories and how literary representations convey worldviews - in a similar and yet different way to the main form of social regulation, namely law.
Finally, part C (optional, 20 h.) leads students through the analysis of some philosophically significant themes, both from a legal and literary of view: fiction and truth, case and example.
Prerequisites for admission
Basic knowledge of literary theory.
Teaching methods
The course shall be developed through lectures and discussions in class, also drawing on contemporary issues such as gender inequality, social injustice, sexual freedom, as well as more generally on the boundaries between the personal and public-instutional realms of human existence. This will allow students to deepen the basic theoretical problems and to develop skills of analysis, reasoning and interpretation, especially by imagining links between literary text and social criticism, critical legal studies or the just and injust uses of regulatory instruments such as law, legal orders, courts. To share additional materials, the Ariel platform of the course will be used. During some lessons, the students might prepare a parallel analysis of a literary text and a court case (taking a cue, for example, from Carrère), to work collectively with colleagues and the teacher. This report is a free choice. Attendance is strongly recommended.
Teaching Resources
SECTION A
Angela Condello, "Law and Humanities e approcci critici al diritto", in A. Condello, A. Andronico, P. Heritier, Law & Humanities. Teorie e pratiche nel contesto italiano, Carocci, Roma 2026.
H. L. A. Hart, Il concetto di diritto [1961], Einaudi, Torino 2002 (o un'edizione a scelta) - capp. 1, 2, 3, 6, 7, 8, 9).
Duncan Kennedy, "Breve storia dei critical legal studies negli Stati Uniti", 10 Rivista Critica del Diritto Privato, pp. 639 ss., 1992.
SECTION B
Käte Hamburger, La logica della letteratura, Bologna, Pendragon, 2015 - selected readings.
Dorrit Cohn, Menti trasparenti. Rappresentazioni narrative della vita interiore, Carocci, Roma 2025 - selected readings.
Guido Mazzoni, Teoria del romanzo, Il Mulino, Bologna 2011 - Introduzione, capp. I e II, Conclusione.
Angela Condello and Tiziano Toracca, A Theory of Law and Literature, Brill, Leiden 2020 or Allegoria, 2009 n. 60
SECTION C
Angela Condello and Tiziano Toracca, La finzione giuridica e la finzione letteraria, in Riccardo Castellana (ed.), Fiction e non fiction, Carocci, Roma 2021, pp. 207-226.
Giovanni Tuzet, "Finzioni giuridiche e letterarie: è possibile una teoria unificata?" in ISLL 2009, pp. 50-75, 2009.
Maurizio Ferraris, "Kant e l'esemplarità dell'esempio", in Filosofia '94 (a cura di Gianni Vattimo), pp. 147-171, 1994.
Angela Condello, "Regole per applicare le regole. Giudizio, diritto, esempio", Rivista di Estetica, vol. 65, pp. 107-119, 2017.
TEACHING RESOURCES FOR NON-ATTENDING STUDENTS
Students who do not attend in class should supplement the texts indicated in bibliography with the following readings:
Maria Paola Mittica, Diritto e letteratura e law and humanities. Elementi per un'estetica giuridica, Torino, Giappichelli 2024.
Further information will be published on the online Ariel platform, on the website dedicated to Critical theories in law and literature.
Angela Condello, "Law and Humanities e approcci critici al diritto", in A. Condello, A. Andronico, P. Heritier, Law & Humanities. Teorie e pratiche nel contesto italiano, Carocci, Roma 2026.
H. L. A. Hart, Il concetto di diritto [1961], Einaudi, Torino 2002 (o un'edizione a scelta) - capp. 1, 2, 3, 6, 7, 8, 9).
Duncan Kennedy, "Breve storia dei critical legal studies negli Stati Uniti", 10 Rivista Critica del Diritto Privato, pp. 639 ss., 1992.
SECTION B
Käte Hamburger, La logica della letteratura, Bologna, Pendragon, 2015 - selected readings.
Dorrit Cohn, Menti trasparenti. Rappresentazioni narrative della vita interiore, Carocci, Roma 2025 - selected readings.
Guido Mazzoni, Teoria del romanzo, Il Mulino, Bologna 2011 - Introduzione, capp. I e II, Conclusione.
Angela Condello and Tiziano Toracca, A Theory of Law and Literature, Brill, Leiden 2020 or Allegoria, 2009 n. 60
SECTION C
Angela Condello and Tiziano Toracca, La finzione giuridica e la finzione letteraria, in Riccardo Castellana (ed.), Fiction e non fiction, Carocci, Roma 2021, pp. 207-226.
Giovanni Tuzet, "Finzioni giuridiche e letterarie: è possibile una teoria unificata?" in ISLL 2009, pp. 50-75, 2009.
Maurizio Ferraris, "Kant e l'esemplarità dell'esempio", in Filosofia '94 (a cura di Gianni Vattimo), pp. 147-171, 1994.
Angela Condello, "Regole per applicare le regole. Giudizio, diritto, esempio", Rivista di Estetica, vol. 65, pp. 107-119, 2017.
TEACHING RESOURCES FOR NON-ATTENDING STUDENTS
Students who do not attend in class should supplement the texts indicated in bibliography with the following readings:
Maria Paola Mittica, Diritto e letteratura e law and humanities. Elementi per un'estetica giuridica, Torino, Giappichelli 2024.
Further information will be published on the online Ariel platform, on the website dedicated to Critical theories in law and literature.
Assessment methods and Criteria
During the oral exam students will be asked to present and discuss the topics of the programme, in particular on the following themes: interdisciplinary studies in law and literature and their critical function; the concept of law and the relationships between law and morality, law and justice, law and politics; core-theoretical issues in literary theory and their intersection with legal discourse (e.g., fiction, case/example).
Students will be asked to critically address the issues analyzed in class, when necessary through examples (both legal and literary). The property of language and the exactness of all references will constitute elements of evaluation. Students will also be required to create links between the different sections of the course.
The grade is expressed in 30ths and the minimum grade to pass the exam is 18.
WARNING
International or Erasmus incoming students are kindly requested to contact the Professor in charge of the course. Students with disabilities should contact her as well, to discuss alternative examination methods, according to the guidelines of the competent Office.
Students will be asked to critically address the issues analyzed in class, when necessary through examples (both legal and literary). The property of language and the exactness of all references will constitute elements of evaluation. Students will also be required to create links between the different sections of the course.
The grade is expressed in 30ths and the minimum grade to pass the exam is 18.
WARNING
International or Erasmus incoming students are kindly requested to contact the Professor in charge of the course. Students with disabilities should contact her as well, to discuss alternative examination methods, according to the guidelines of the competent Office.
Modules or teaching units
Part A and B
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 40 hours
Part C
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 20 hours
Professor(s)