Judicial Error as a Literary Theme (1969) “Defining the Theme”

Abstract

One of the richest, most fascinating literary subjects is that of crime and the court of law. A subject like this can no longer be called a theme: it is already a cluster of themes which eludes any attempt at exact classification, an enormous complex of associations containing the most disparate fields of thought and bringing into play the most diverse areas of concern. Ordinary homicides or even judicial murders can be the focal point, as can trials, judges and executioners, crime and punishment, the formal administration of justice, and human (or rather cosmic) justice. The relevant literature ranges from the most popular to the most subtle, from the most ephemeral political engagement to pure belles lettres. While some of it may never surpass the literal, it can, on the other hand, manifest multiple levels of meaning and ultimately take root in the very bedrock of religious problems. Its scope includes realism as well as surrealism or parody; it extends from the historical portrayal of the judicial system beyond the critique of contemporary conditions and institutions to a (positive or negative) utopia. Only an embarras de richesse prevents me from citing dozens of names to verify the historical universality of a topic that has continued uninterrupted from the oldest literature to the most