The idea of examining law as a cultural phenomenon seems surprisingly underappreciated – especially by legal scholars. Black-letter law, sociology of law, Eigentum und Besitz, law and life, life and law (which of you imitates the other?), all rank among the usual suspects in professional discourse, to the evident exclusion of law as culture. This is of course potentially a broad topic, even if we limit it to the assumptions or assertions about law found in literary discourse, an area of study that naturally requires no small degree of non-legal expertise. That may be the difficulty. A few exceptions, whom I admire and hope to emulate – for their ambitious, pioneering spirit, have spied an opportunity here. Perhaps the best-known example of this approach is John Crook, who writes:
… legal talk and terminology seem rather more frequent and more at home in Roman literature than in ours. Legal terms of art could be used for literary metaphor, could be the foundation of stage jokes or furnish analogy in philosophical discussion. And a corollary of this is that many a passage of Latin belles lettres needs a knowledge of the law for its comprehension.
Crook, disappointingly, lets it go at that, failing to fulfil the promise of boundless opportunity expressed in the last sentence.