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For most work within Law and Literature, a highly specific historical and comparative contextualisation of national and transnational legal practices and theories is needed. This goes especially for literary trials. However, a problem for research into specific historical contexts of legal procedures dealing with literary texts is the dearth of evidence for answering questions about what judicial experts think about literature and its societal status. This article investigates in how far judicial archives on the highest level of jurisdiction in Germany (‘Bundesverfassungsgericht’) and the Netherlands (‘Hoge Raad’) can offer new relevant evidence for answering this kind of questions.

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Mapping Literary Trials. What Judicial Archives Can and Cannot Do About the Dearth of Evidence

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  • 发表日期：

    2025年

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  • Ralf Grüttemeier

摘要

For most work within Law and Literature, a highly specific historical and comparative contextualisation of national and transnational legal practices and theories is needed. This goes especially for literary trials. However, a problem for research into specific historical contexts of legal procedures dealing with literary texts is the dearth of evidence for answering questions about what judicial experts think about literature and its societal status. This article investigates in how far judicial archives on the highest level of jurisdiction in Germany (‘Bundesverfassungsgericht’) and the Netherlands (‘Hoge Raad’) can offer new relevant evidence for answering this kind of questions.