DISCUSSION: The third and fourth paragraphs cover Law and Literature. The main point is that judicial opinions should be seen as works of art.
Art is subjective, and will be different from person to person.
Law and Literature advocates never say whether there is any theory behind judicial opinions.
___________
- There’s no mention of whether judicial opinion writing has changed. Law and Literature advocates seem to think it was always art.
- Why would Law and Literature advocates think this? They mainly think that law is art.
- Law and Literature advocates never mention whether there is any theory behind judges’ opinions.
- CORRECT. If law is art, then this will be true. The same situation might strike different judges as artistically different. Judges act as “translators” (lines 49-50), and translators will always produce different versions of the same text.
- Same as C.
Leave a Reply