Law

This study examines the shift in the prosecutorial strategy of Ernest Pinard in the cases against Gustave Flaubert (“Madame Bovary”) and Charles Baudelaire (“Les Fleurs du mal”), offering an interpretation that explores the ways in which legal professionals read literary works. Using examples such as the poet-detective Gabriel Syme, a character in G. K. Chesterton’s “The Man Who Was Thursday”, and the investigating monk William, a character in Umberto Eco’s “The Name of the Rose”, the article investigates potential connections between poetry and law. These connections create legal spaces where both laughter and music become possible. Particular attention is given to the relationship between text and music within the framework of court proceedings (the so-called “courtroom acoustics”) as well as in the formation of judicial practice (understood as a harmonious performance).

If we view literature and law as different spheres of language usage or classify them as different “language games” (Ludwig Wittgenstein), we would probably jump to the conclusion that they cannot explain each other. Despite the different conventions of law and literature, however, the two have been inextricably linked since ancient times and sometimes in complex and mediated ways. Poetry and legal proceedings have common rhetorical roots from a time when both were public attractions. Law and literature have been opposed in social and historical aspect multiple times. A number of lawsuits have been organized against certain literary works; lists of “banned books“ were prepared. There are also literary representations of fictional trials and laws, of fictional states with sinister or absurd legislation. The field of critical theory also contains both oppositions and examples of agreement between the two fields. The issue of the journal is being prepared in partnership with the seminar "Literature and Law" of the "Ethical Studies Section", Institute of Philosophy and Sociology at BAS and the "Faculty of Slavic Studies", Sofia University "St. Kliment Ohridski".

The article aims to clarify the relationship between the social functions of the Casus and the Сomedy. The former arises at that stage of human development when fixed norms of social behavior emerge, carrying with them the ideas of justice and personal responsibility. Its social function is to problematize assessments of existence, contrasting several norms against which life events are evaluated. The task of the comedy is very similar, as it seeks a way to restore correctness and justice, exposing the falsehood of the values in which people sometimes believe. Thus, a casus becomes a structural foundation of comedic action. The analysis of Shakespeare’s “The Merchant of Venice” provides a clear example of the mechanism for implementing the interaction between a Casus and a comedic plot.