Critical Approaches in Law and Literature
A.Y. 2026/2027
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: First 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
Lesson period
First semester
Course syllabus
The course aims at synthetically reconstructing the development of the field of law and literature studies and its connections with critical legal studies, also through classics of legal theory and literary theory.
We will work on some fundamental questions of interdisciplinary relevance such as the sense of obligation, the relationship between narrativity and normativity, the relationship between narrative and morality and between norm and psychic life.
Some philosophically significant themes will also be discussed, both from a legal-theoretical perspective and from the point of view of view of literary theory: fiction and truth, casuistry and exemplarity.
We will work on some fundamental questions of interdisciplinary relevance such as the sense of obligation, the relationship between narrativity and normativity, the relationship between narrative and morality and between norm and psychic life.
Some philosophically significant themes will also be discussed, both from a legal-theoretical perspective and from the point of view of view of literary theory: fiction and truth, casuistry and exemplarity.
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. Attendance is strongly recommended.
Teaching Resources
J. B. White, The Legal Imagination, 1973, estratti indicati dalla docente.
Robin West, Communities, Texts, and Law: Reflections on the Law and Literature Movement, Yale law journal, 1988.
Angela Condello, "Humanities e critical legal studies", in A. Condello, A. Andronico, P. Heritier, Law & Humanities. Una prospettiva di teoria del diritto, 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.
Guido Mazzoni, Teoria del romanzo, Il Mulino, Bologna 2011 - Introduzione, capp. I e II, Conclusione.
Adriana Cavarero, Tu che mi guardi, tu che mi racconti. Filosofia della narrazione, 1997.
Angela Condello e Tiziano Toracca, A Theory of Law and Literature, Brill, Leiden 2020 - parti indicate dalla docente (in alternativa: Allegoria, 2009 n. 60 - testi specifici indicati dalla docente su narrativa e vita psichica).
Angela Condello e Tiziano Toracca, La finzione giuridica e la finzione letteraria, in Riccardo Castellana (ed.), Fiction e non fiction, Carocci, Roma 2021, pp. 207-226.
STUDENTS WHO DO NOT ATTEND
A. Andronico, A. Condello, P. Heritier, Law & Humanities. Una prospettiva di teoria del diritto, Carocci, Roma 2026, capp. 1, 2, 3, 4, 5, 12, 14.
FURTHER INFORMATION
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.
Further information will be published on the online Ariel platform, on the website dedicated to Critical theories in law and literature.
Robin West, Communities, Texts, and Law: Reflections on the Law and Literature Movement, Yale law journal, 1988.
Angela Condello, "Humanities e critical legal studies", in A. Condello, A. Andronico, P. Heritier, Law & Humanities. Una prospettiva di teoria del diritto, 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.
Guido Mazzoni, Teoria del romanzo, Il Mulino, Bologna 2011 - Introduzione, capp. I e II, Conclusione.
Adriana Cavarero, Tu che mi guardi, tu che mi racconti. Filosofia della narrazione, 1997.
Angela Condello e Tiziano Toracca, A Theory of Law and Literature, Brill, Leiden 2020 - parti indicate dalla docente (in alternativa: Allegoria, 2009 n. 60 - testi specifici indicati dalla docente su narrativa e vita psichica).
Angela Condello e Tiziano Toracca, La finzione giuridica e la finzione letteraria, in Riccardo Castellana (ed.), Fiction e non fiction, Carocci, Roma 2021, pp. 207-226.
STUDENTS WHO DO NOT ATTEND
A. Andronico, A. Condello, P. Heritier, Law & Humanities. Una prospettiva di teoria del diritto, Carocci, Roma 2026, capp. 1, 2, 3, 4, 5, 12, 14.
FURTHER INFORMATION
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.
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.
The evaluation is expressed in thirtieths and the minimum grade to pass the exam is 18/30.
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.
The evaluation is expressed in thirtieths and the minimum grade to pass the exam is 18/30.
GIUR-17/A - Philosophy of Law - University credits: 6
Lessons: 40 hours