In the present work, a legal philosopher (Angela Condello) and a literaray scholar (Tiziano Toracca) develop the idea that a comparison between law and literature must be framed starting from the modes in which law and literature
function. In this sense, they read law and literature as arts of compromising characterized by an analogous and yet, at the same time, profoundly different structure. Both, in fact, mediate conflicts between norms and transgressions, and more precisely between a principle of normativity (repression), on the one hand; and a principle of counternormativity (repressed), on the other hand. Through a progression in three steps, aimed at clarifying some peculiarities of law (1) and literature (2), by referring to examples of their interaction (3), the authors finally sketch some relevant hypotheses on why a placement across these two arts of compromising suggests some theoretical itineraries on their threshold.
Angela Condello is Assistant Professor of Legal Philosophy at the University of Messina and Adjunct Professor at the University of Turin. Her research focuses on legal theory and method, law and humanities, law and gender.
Tiziano Toracca is Visiting Professor at Ghent University and Post-doc Fellow in Italian Contemporary Literature at the University of Turin. His research focuses on Italian Contemporary Literature, Modernism and Neomodernism, Literary Representation of Work, Law and Literature.
A Theory of Law and Literature Across Two Arts of Compromising
Angela Condello and Tiziano Toracca Abstract
1 Law, or of Normativity
2 Literature, or of Counternormativity
3 Mediation between Oppositions
Provisional Concluding Remarks