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How to read literature as law, or what Old French judicial scenes tell us about customary law, depends upon theoretical assumptions about literacy. Early studies of orality demonstrated its complexity, while privileging literacy and connections to analytical thinking. Increasing literacy in the twelfth century seemed to confirm the chronological progress from oral, customary law that tolerated feud and ordeals to supposedly more objective methods of proof. The evolutionary view of many medieval textual studies accepts custom as either no law at all, or as inflexible and incapable of self-reflection. Now legal historians draw on anthropologists for models of dispute resolution through collective, oral and written negotiations. We find warrants in critical legal studies and pragmatist strategies for reading the texts, not as faithful renditions of specific legal practices, but as creations of ethical situations that individuals and communities live in vicariously as part of decision-making and dispute resolution.

Reading Law as Literature, Reading Literature as Law: A Pragmatist’s Approach