Law is a normative value to help society live in collectivity and harmony. For law to be a supreme regulator of all, it must become integral in theory and practice. An integral dimension of law helps State, society and legal systems to balance and harmonize competing claims arising out of complexity and heterogeneity of life and changing needs. Professor Dr. K. Parameswaran outlines his integral theory of law in this series of articles by showing how law must integrate knowledge from other disciplines; bring them under what law wants from them. “…Thus, when law becomes integral, it opens practical and yet unfailing solutions to assist peace, progress, prosperity and protection of all, for our current times and future age…” – author claims. This concluding article, Part II, discloses the ‘integral dimension of law’ that exists between Law and Literature.
We discussed law in and as literature in Part I last month. Former cannot operate as pure law of legal rules without social processes and polity. Latter deals with dressing-style of law made for ordinary reasoning and comprehension. Former must be careful about mistake of law from incorrect imposition of legal values. Latter must be careful about mistake of law from wrong syntax of legal vocabularies. Both must aim for zero-confusion of erroneous conclusion of legal effects from interrelation between law and literature. When both camps war against each other, how do we arrive at a conclusion? Where is the meeting point connecting to show deeper perspectives that transcends this interdisciplinary approach to another level? Integral theory of law offers this new legal perspective through five elements. They are mirror-effect, mindfulness, multiplicity, mitigation and manifestation of law to be identified from both ‘law in literature’ and ‘law as literature’. Both camps can be unified by these five elements.
It refers to a reflection of society on law and legal system. It indirectly builds or alters nature of law and function of legal systems, which society expresses through literature. At any time in society, literature is a voice; a collected expression echoing social needs. A depressing tale on sati or widow remarriage, a dramatic recount of atrocities on child labor or sonnet on social taboos on women and sexuality can be an inspiration for law-making or executive order of State, or a catalyst for justice through dynamic judicial interpretation calling Parliamentarians and Government to act. When State (three Organs) sees through social reflections, it understands (mirror effects). One, time lag between social need and State’s readiness or inertia in attending Constitutional duties. Two, poignancy of literary contents directly points to correct legal interpretations of social needs. Three, disclosure of legal history at a given point of time and its interactive level and relationship degree between State and society. Four, level of social discourse and awareness of collective conscience. Five, society can give State what it misses to see and act upon. Both law in and as literature brings maximum benefits to society when these mirror effects are understood.
It refers to what society wants as legal values and points out to show how society is mindful of its requirements; conscious, careful and attentive of its interrelationship with State and aims of law that society supports. Mindfulness shows a conscious choice of society pointing to social capability and possibility of compliance to law and performance of legal systems. Law in literature shows mindfulness in reacting to social ills or evils to State. Law as literature shows mindfulness in expressing and interpreting correctly social requirements through legal understanding and explanations.
It refers to diverse sources of law. Parliamentarians are not the only source of legal inspiration, drafting and understanding. RK Narayan’s ‘Swami and Friends’ contributed to Report of ‘Learning Without Burden’ for Indian Government explaining quality of learning and burden of school education towards Nation building. In a giant wheel of society with Constitutional goals as its axis, all layers of social spokes ought to be considered as potential tools for law and social transformation. Literary records are imprints of diverse cultures of heterogeneous society. Oaths or Affirmations under Indian Constitution are sworn through respective religious literatures. Law in and as literature brings maximum scope for variety of sources of law and legal inspirations.
It refers to State’s foreseeability in understanding problems beforehand and tackling them with zero or less damage. One important capacity of law is its predictability of social behavior from mutual responses between individuals. Men of letters record them as they vocally move around society with an eye to catch social ills or the neglect of State’s legal attention in protecting exploited obligations and relationship. Movies like ‘Right to Die’ or ‘You Don’t Know Jack’ on Euthanasia or recent death of Savita in Ireland from denial of abortion leading to ‘Protection of Life During Pregnancy Act 2013’ or Aruna Shanbaug’s death leading to Gujarati novel ‘Jad Chetan’ and ‘Maram Peyyumbol’ a Malayalam movie have raised high stakes on Indian Euthanasia Bill. This shows law comes from various corners constantly leading society to improve upon justice delivery. They all lead from front instead of remedying after injury and grievance. Law in and as literature plays the role of ‘prevention is better than cure’.
It refers to State’s ability to manifest legal values into social action. It can be positive or negative prescription of laws. For example, bull-taming sport is entirely a product of socio-cultural custom recorded in olden literature and repeated till date. A sport for human entertainment involving animals is non-competitive as this sport is between two different genus making it imbalanced in power, cruel with physical and psychological injuries. Is it because animals aren’t yet recognized as persons in law and legal systems? Or is it because it was a sport in traditional literature and hence a sport forever, repeating it with no regard to new circumstances? Law must think only justice and manifest it irrespective of counters that are against ultimate justice to animals and infliction of cruelty.
These five elements if applied can cancel demerits and harmonize merits of both camps and bring greater efficiency to law and legal systems. Follow the next issue for series of two parts on ‘Integral Dimension of Law: Law and Religion
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