Law and literature: a misunderstood relation? The criticism of Richard Posner and Robert Weisberg to the law in literature movement

Abstract

The law and literature movement, started in 1973 in the United States with the release of The Legal Imagination, by James Boyd White, had as its main objective to reach the humanization of jurists. Although it caught the attention of several authors and spread to different countries, the initial stage of the movement, also known as law in literature, was not immune to criticism. Thus, this article, via bibliographic research, aims at presenting the criticism by Richard Posner, who mainly questions the premise that literature can humanize the jurist. Also, this paper analyzes the production by Robert Weisberg, who sees in the area an overly-romanticized view of literature. Knowing such criticism is crucial to think about the past, present and future of the movement, searching for the right answers it demands.

Keywords

• direito e literatura
• direito na literatura
• críticas
• richard posner
• robert weisberg.