| dc.description.abstract | This thesis will explore the topics of law and literature through the scope of James Baldwin's The Fire Next Time. In doing this, I will begin by introducing two perspectives of law and literature, one by Ian Ward and the other by Richard Posner. It should be noted that these two perspectives should not be viewed as opposites to one another. Law and literature is an area of inquiry like how Chemistry is. One cannot be for or against Chemistry, but instead, people have different views on Chemistry that can be either right or wrong. Likewise, law and literature is a similar field. Ward introduces a perspective that advocates viewing legal texts as literature, and therefore, using literary techniques such as metaphor, narrative, and style as legitimate means for arriving to a specific legal conclusion. Posner takes the perspective that metaphor, narrative, and style are to be understood fundamentally different from law and literature, and he illustrates this point by offering up objections in defense of the view he outlines. From there, the discussion will turn to presenting a third way of viewing law and literature, a way which is more middle-ground and aims to take parts from both of these perspectives in an attempt to make a more complete perspective. This will be labeled the third way theory, and in it I will talk of how theory and application play a critical role in understanding literature. The thesis will view theory and application like how it views law and literature-- together rather than separate, and stronger in unison than divided. Once the discussion of these terms are finished, we will turn to Baldwin's work. Moreover, the paper will take the three theories espoused by Baldwin in his work: love, acceptance, and integration. Using these three theories, I will show how Baldwin transmits these ideas from his head, into his novel, and then into society. Once the ideas catch on with society, their application can be seen through demonstrations such as the March on Washington for Jobs and Freedom, cases in the Supreme Court which still have relevance today, and of course-- impacting the history of the civil rights movement. Baldwin's work shows how law and literature are allies rather than adversaries. | |
