Guide of Semester -1 (Chapter – 4)

Law in Literature
Semester: I
IL – 101: General English & Communication:

Unit-I Comprehension and Composition

a. The students will be required to read:

b. General Comprehension
c. Legal texts.
d. Guidelines for Petition and report writing

 Unit-II: Language, Communication and Law

a. What is communication, modes and types of communication will be explained

with examples
b. Legal maxims has to be introduced with meaning and usage, modern
communication
c. Inter active sessions

 Unit-III: Legal Communication

a. Legal drafting, types and methods

b. Legal Communication, Language to be used while mooting exercise
c. Reading and Analysis of Writings by Eminent Jurists (Cases, Petitions and
Judgments)

 Unit-IV: Law in Literature

a. Legal Fiction and Courtroom Drama

The Verger by W. Somerset Maugham
https://www.teachingenglish.org.uk/sites/teacheng/files/Maugham_The_Verger_0.p
df
b. Literature on Justice and Ethics
The Bet by Anton Chekhov
https://ga01000549.schoolwires.net/cms/lib/GA01000549/Centricity/Domain/1545/
The%20Bet.pdf
c. Literature on Human Rights and Social Justice
A Good Man is Hard to Find by Flannery O'Connor
https://repositorio.ufsc.br/bitstream/handle/123456789/160332/A%20good%20man
%20is%20hard%2
0to%20find%20-%20Flannery%20O%27Connor.pdf

 Suggested Reading:

1. David Gill and Bridget Adams. ABC of Communication Studies, published by

Nelson Thorns, 1998.
2. John Snape and Gary Watt How to Moot: A Student Guide to Mooting, Oxford,
2013.
3. Karl Erik Rosengren Communication: An Introduction, SAGE Publication.
4. Mia B. Ingels Legal English Communication Skills, ACCO,2006.
5. Rupert Haigh Legal English Fourth Edition, Routledge, 2015.
6. William Robert McKay and Helen E. Charlton Legal English Pearson/Longman,
2005.
 Defining Law
 Meaning, Nature and Functions of Law
The term “Law’ denotes different kinds of rules and Principles. Law is an instrument which
regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous
from the view point of the society. Law means Statutes, Acts, Rules, Regulations, Orders, and
Ordinances from point of view of legislature. Law means Rules of court, Decrees, Judgment,
Orders of courts, and Injunctions from the point of view of Judges. Therefore, Law is a broader
term which includes Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice, Morality,
Reason, Righteous, Rules of court, Decrees, Judgment, Orders of courts, Injunctions, Tort,
Jurisprudence, Legal theory, etc.

 Meaning of Law

In old English “Lagu” i.e. law, ordinance, rule, regulation from old norse “lagu” law collective
Plural of “Lag” is layer, measure, stroke ‘Literally’ something laid down of fixed.

The term law has different meanings in different Places/societies at different times (as it is subject
to amendments). In Hindu religion law implies “Dharma” in Muhammadean religion (Islam) it is
“Hokum” in Roman its “Jus”, in French, its “Droit” in Arabic, Alqanoon, in Persian and Turkish,
its Kunoon, in Latin its “Legam” in Philipino its “Batas” in Albanian language its “Ligj” in Czech
its “Zakon” in Danish its “Lor” in Dutch its “Wet” in Italian its “Legge” and in Lithuanian its
“Teise” and so on. It varies from place to place in the sense adultery is an offence in India (under
section 497 of the Indian penal code, 1860) while it is no offence in America.

Law differs from religion to religion in the sense personal laws viz. Hindu law, Muslim law etc.
differ from one another. For instance, A Muslim can have four wives living at a time, but, a Hindu
can have only one wife living at a time (Monogamy). If a Hindu male marries again during the life
time of first wife he is declared guilty of the offence of bigamy and is Punishable under sec. 494.
The law is subject to change with the change in society and also change in the
Government/legislative through the amendments/Acts.

Generally the term law is used to mean three things:

First it is used to mean “legal order”. It represents the regime of adjusting relations, and ordering
conduct by the systematic application of the force of organized political society.

Secondly, law means the whole body of legal Percepts which exists in a politically organized
society.

Thirdly, law is used to mean all official control in a politically organized society. This lead to
actual administration of Justice as contrasted with the authoritive material for the Guidance of
Judicial action. Law in its narrowest or strict sense is the civil law or the law of the land.
 Definitions of law
It is very difficult to define the term law. Many Jurists attempted to define the term law. For the
Purpose of clarity, some of the definitions given by Jurists in different Periods are categorized as
follows.

(I) Idealistic Definitions:-

Romans and other ancient Jurists defined law in its idealistic nature. Roman Justinian’s defined
law in the light of its idealistic nature.

(a) Salmond: According to salmond “the law may be defined as the body of principles
recognized and applied by the state in the administration of Justice.

 Criticism of Salmond’s definition of law: Salmond did not define the expression
Justice. Keeton says what has been considered to be just at one time has frequently not been so
considered at another.

 Criticism by Dean Roscoe Pound: Dean Roscoe Pound has criticized the definition of
Salmond as reducing law to a mass of isolated decisions and the law in that sense to be an organic
whole. Further, it is criticized on the ground that Salmond’s definition applies only to lax law not
to Statute.

Despite criticism, Salmond’s definition is considered as the workable definition.

(b) John chipman Gray’s Definition of Law:

According to Gray, “the Law of the State or of any organized body of men is composed of the
rules which the courts, that is the judicial organ of the body lays down for the determination of
legal rights and duties.

 Criticism of Gray’s definition of law:

Gray’s definition is criticized on the Ground that he is not concerned with the nature of law rather
than its Purposes and Ends. Further it does not take into account the statute law.

(ii) Positivity’s definition:-

(a) Austin’s definition of law”
John Austin (1790-1859) An English Jurists expounded the concept of analytical positivism,
making law as a command of sovereign backed by sanction. He developed logically, a structure of
legal system in which he gave no Place to values, morality, idealism and Justice.

According to Austin, a law, in the strict sense is a general command of the sovereign individual or
the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state.
According to Austin “law is aggregate of rules set by men politically superior or sovereign to men
as politically subject.” Austin says, “A law is command which obliges a person or persons to a
course of conduct.
 Criticism of Austin’s definition of law:
Austin’s definition of law is subjected to criticism on the ground that it ignores completely the
moral and ethical aspects of law and unduly Emphasized the imperative character of law.

(b) Holland’s definition of law

Thomas Erskine Holland, a reputed Jurist, who followed the Austin’s concept and nature of law
attempted to define law as law is a General rule of external human action enforced by a political
sovereign. Holland also measures or defines law with preference to sovereign devoid of moral,
ethical or ideal elements which are foreign to law and Jurisprudence.

(c) John Erskine definition of law

Law is the command of a sovereign, containing a common rule of life for his subjects and obliging
them to obedience.

(d) Hans Kelsan’s definition of Law

According to Kelsan legal order is the hierarchy of the norms, every norm derives its validity from
the superior norm and finally there is highest norm known as ground norm.

(e) H.L.A.Hart
According to Hart Law is the combination of primary rules of obligations and secondary rules of
recognition.

 Definition of Historical school of Law

The chief exponent of the Historical school is Von Savigny. Historical Jurisprudence examines the
manner or growth of a legal system. It deals with general principles governing the origin and
development of law and also the origin and development of legal conceptions and principles found
in the Philosophy of law.

 Savigin’s definition of law: Savigny says that law is not the product of direct legislation
but is due to the silent growth of custom or the outcome of unformulated public or Professional
opinion. He says that law not as a body of rules set by determinate authority but as rules consist
partly of social habitat and partly of experience. He says law is found in the society, it is found in
custom.
 Sociological school of law:
The sociological school commenced in the middle of nineteenth century, According to sociological
school the common field of study of the Jurist is the effect of law and society on each other. This
approach takes law as instrument of social progress.

(a) Ihering’s Definition of law

I herring defines law as ‘the form of Guarantee of the conditions of life of society, assured by
state’s power of constrain. He says law is a means to an end and end of the law is to serve its
purpose which is social not individual.
(b) Dean Roscoe Pound’s definition of law
Pound defines law as a social institution to satisfy social wants. He says law is a social
engineering, which means that law is a instrument to balance between the competing or conflicting
interests.

(c) Dias’s Definition of law

Law consists largely of “ought” (normative) Propositions prescribing how people ought to behave
the “ought” of laws are variously dictated by social, moral, economic, political and other purposes.

(IV) Realist definition of law

It is branch of sociological school. It studies law as it is in its actual working and effects. It has
been summed up by its exponent professor K. Llewellyn as “ferment” According to Georges
Guroitch the neo-realistic school represents a violent reaction against the dominantly theological
and moralizing orientation of “sociological Jurisprudence” Holmes J. The realist considered the
law to be a part of judicial process. He says, “that the prophesies of what the courts will do, in fact
and nothing more pretentions, are what I mean by law.

 Origin of law:
Ancient Egyptian law, dating as far back as 3000 BC had a civil code that was probably broken
into twelve books it was based on the concept of Ma’at characterized by tradition rhetorical
speech, social equality and impartiality by the 22nd century BC, ur-nammu an ancient Sumerian
ruler, formulated the first law code consisting of casuistic statements (if…then…”) Around 1960
BC king Hammurabi further developed Babylonian law, by codifying and inscribing it in stone.
Hammurabi placed several copies of his law code throughout the kingdom of Babylon as Stelae,
for the entire public to see this became known as the codex Hammurabi.

Ancient India and china represent distinct tradition of law, and had historically independent
schools of legal theory and practice. The Arthashastra, dating from the 400 BC and the Manusmriti
from 100 BCE were influential treatises in India, but this Hindu tradition, along with Islamic law
was supplanted by the common law when India became part of British Empire. Malaysia, Brunei,
Singapore and Hongkong also adopted the common law. Japan was the first country to begin
modernizing its legal system along western lines by importing bits of the French but mostly the
German Civil Code. Similarly traditional Chinese law gave way to westernization towards the final
years of the dynasty in the form of six private law codes based mainly on the Japanese modal of
German law.

One of the major legal systems developed during the Middle Ages was Islamic law and
jurisprudence. During the classical period of Islamic law and jurisprudence “Hawala” and
institution of law was an early informal transfer system which is mentioned in text of Islamic
Jurisprudence as early as the 8th century. Hawala itself later influenced the development of the
“Aval” in French civil law and Avallo in Italian law. Roman law was heavily influenced by Greek
teachings.
 Nature of law:
What is the nature of law? This question has occupied center stage Jurisprudence and philosophy
of law in the modern era, and has been the central occupation of contemporary analytic
Jurisprudence. This entry in the legal theory Lexicon aims to give an overview of the “what is law”
debate.

Historically, the answer to the question, “what is Law” is thought to have two competing answers.
The classical answer is provided by natural law theory, which is frequently characterized as
asserting that there is an essential relationship between law and morality and Justice.

The modern answer is provided by legal positivism, which as developed by John Austin, asserted
that law is the command of the sovereign backed by the threat of punishment.

Contemporary debates over the nature of law focus on a revised set of positions legal positivism is
represented by Analytical legal positivists, like H.L.A Hart Joseph raza and Jules Coleman.
The natural law tradition is defined by John Punis and a new position, interpretivism is represented
by the work of the late Ronald Dworkin.

In some ways, the title of this lexicon entry is misleading because of focus on the “what is law”
question as it has been approached by contemporary legal philosophers.

There are other important perspectives on the nature of law that focus on law’s functions rather
than the meaning of the concept for criteria of legal validity. For example, the sociological
tradition includes important work on the nature of law by Max Weber and Niklas Lahumann.
These issues are discussed by Brian Tamanaha in a very clear way.

This lexicon entry maps the territory of the “what is Law”? Controversy, and provides introductory
sketches of the major positions as always, the lexicon is written for law students.

 Functions of law:

Ever since the down of Human civilization, mankind has had some sort of rule or that they used to
Govern itself in society laws set the standard in which we should live in if we want to be part of
society. Law set up rules and regulations for society so that we can freedom, gives Justice to those
who were wronged, and it set up that it protects us from our own Government.

Most importantly the law also provides a mechanism to resolve disputes arising from those duties
and rights and allows parties to enforce promises in a court of law (Corley and Reed 1986 P.A)
According to Corley and Reed (1986) law is a body of rules of action or conduct Prescribed by
controlling authority, and having legal binding forces.

Laws are created because it helps prevent chaos from happening within the business environment
and as well as society. In business law sets guide lines regarding employment regulatory,
compliance, even inter office regulations.
 Role of law in Business:

The rule of law plays an important role in the business world when set setting a business it is the
laws that determine what type of business it is to became, and the structure is to be formed.
Also the law sets up a reasonable expectation on how the business should operate in order to
protect the business owner’s interest of the Customer of that business. The rule of law not only
allows people to understand what is expected of them in their personal capacities but also set forth
rules for business so that they, too know what is expected of them in their dealing and transactions
( Johnson & Lalu 2014) the law protects those who work for a business. it sets Guideline of how
treat your employees, equal opportunities, pay scale, hours, breaks, benefits and long with a host of
other right privileges. In short the laws for business create an honest environment where
consumers and business owners interest can be protected and we have ways to solve of any
disputes arise. If these laws are in any ways are violated it sets up Guidelines for punishment.

 Role of law in Society:

Without law our society would be chaotic, uncivilized mess and anarchy would reign supreme.
The role that law has in society is that it creates a norm of conducts in the society we live in laws
are made to protect its citizen from harm. It set in way that all citizens are given equal opportunity,
protection from harm no matter your race, Gender, religion and social standing.
Under the law all its citizens are guarantee equal protections. In society laws are made to promote
the common good for everyone. That is sets up Guideline for everyone in society to act in way that
brings the Greater Good. Everyone acted without thinking about the Greater Good, society would
revert to those days where survival of the fittest was the common sight.

We live in world where we have finite amount of resources should shared or used. Laws are made
on how to manage these and how we resolve if issues arise over these resources. If know laws
were in place these sources would be controlled by the string and the wealthy.

 Kinds of law:
Law is used in different senses. The use of the term “law” is made in various senses. It denotes
different kinds of rules and Principles.

Blackstone says “law in its most general and comprehensive sense signifies a rule of action and is
applied indiscriminately to all kinds of action whether, animate, rational, irrational. Thus we say
the law of motion of gravitation of optics or Mechanics, as well as the law of nature and nations” it
is helpful in understanding the different senses in which “law” is used in various fields of
knowledge.
 Kinds of law by Sir John Salmond
Sir John Salmond refers to eight kinds of law
1. Imperative law
2. Physical or scientific law
3. Natural or moral law
4. Conventional law
5. Customary law
6. Practical or technical law
7. International law, and
8. Civil law

1. Imperative law

Imperative law means a rule of action imposed upon by some authority which enforces obedience
to it. In other words it is a command enforced by some superior power either physically or in any
other form of compulsion.

 Kinds of Imperative law:

There are two kinds of imperative law, Divine or human

1. Divine laws
2. Human laws
1. Divine laws are consists of the commands imposed by God upon men either by threats of
Punishment or by hope of his blessings.
2. Human laws are the laws by analogy

 Sir Jhon Salmond classifies Human Laws into four sub classes

1. Imperative law imposed and enforced by State is called “Civil law”

2. Imperative law imposed and enforced by members of society is “Moral law”
3. Those imposed and enforced by different institutions or autonomous bodies like Universities,
airline companies etc they are called “Autonomic law”
4. Those imposed upon States by the society of States are called “International law”

 Physical or scientific law

Physical laws are the expressions of the
1. Uniformities of nature and General Principles Expressing the
2. Regularity, and
3. Harmony observable in the activities and operations of the universe.

They are not the creation of men and cannot be changed by them. Human laws change from time
to time and from country to country but physical laws are invariable forever. The uniform actions
of human beings, such as law of psychology, also fall into this class they express not what man
ought to do, but what they do.

 Practical or Technical law:

It consists of Principles and rules for the attainment of certain ends e.g. laws of health, laws of
architecture. These rules guide us as to what we ought to do in order to attain certain ends.

 Natural or Moral law:

It has various other names such as, “the Moral law” “Divine law” “God Law” ‘universal or eternal
law and “law of reason” etc. “by natural law is meant the principles of natural right and wrong (the
Principles of natural Justice)”. Natural laws have been called

Divine law:- commands of God imposed upon men.

Law of Reason i.e. being established by that reason by which the world is governed.
Unwritten law:- (as being written not an brazen tables or a pillar of stone but by the finger of
nature in the hearts of people. universal or common law (being of universal validity)
Eternal law (being uncreated and invariable)
Moral law (being the expression of the Principles of morality)

 Conventional law:
It is the body of rules agreed upon and followed by the concerned parties to regulate their mutual
conduct. It is form of special law and law for the parties which can be made valid or enforced
through an agreement.

A Good example of the conventional law is the International law, laws of cricket or any other
game, rules of club. It has been father divided into two groups which are:

1. Rules enforced by the parties themselves but not recognized by the State e.g. the rules of hokey

2. Rules which are recognized and enforced by the State, e.g. contract etc.

 Customary law:
Customary laws are those rules of custom that are habitually followed by the majority of the
persons subject to them in the belief of binding nature.

According to Salmond, customary law means “any rules of action which is actually observed by
men (any rule which is the expression of some actual uniformity of voluntary action) “when a
custom is firmly established it is enforced by the authority of the State. Custom is not law by itself
but an important source of law only those customs acquired the force of law, which are recognized
by the courts.
 International law:
According to “Hughes” international law is the body of Principles and rules which civilized States
consider as binding upon them in their mutual relations. “It can be as the name for the body of
customary and conventional rules, which are considered legally binding by civilized States in their
intercourse with each other”. According to Salmond it is considered of these rules which the
sovereign States have agreed to observe in their dealings with one another.

International agreements are of two types:

They are either expressed or implied.

Express agreements are contained in treaties and conventions, while implied agreements are to be
found in the custom or practice of the States. International law is of two kinds:

I: Public International law: It prevails universally all over the world.

II: Private International Law: It is enforced only between some of States.

 Civil Law:
It is the law of the States regarding the land “Civil Law” according to the Salmond , is “the law of
State of or the law of the land, the law of lawyers and the law of the courts”. Civil law is the
positive law, or law of the land which means the law as it exists. It is backed by the force and
might of the State for purposes of enforcement. Civil law differs from special law as the latter
applies only in special circumstances the other term is used for the civil law is Municipal Law and
national law.

 CLASSIFICATION OF LAW:
Etymological meaning of classification is “the process of putting something into category” or the
basic cognative process of arranging into classes or categories. For a proper and logical
understanding of law its classification becomes necessary. As it elucidates the way of systematic
logical structure of the legal order. It explicates the inter relation of rules and their effect to each
other. It analysis the law that intern is helpful in codification of laws it is an arrangement of rules
in a concise and systematic way.

 Original and Meaning of the Classification of Law

Notion of classification is very old. Classification was first made by Roman Jurists. The ancient
Hindu Jurists also laid down eighteen titles or heads of “Vyavahara” civil law. The distinguished
civil and criminal law and classified crime law under various heads.

There are two limitations in classification of law first; any classification will have only a relative
value and no universal principle or rules can be laid down for it. With the onward march of time,
old rule changed their nature and the field of application and new rules based on different
Principles come into existence. Therefore, a new classification becomes necessary. Roman Jurist
analyzed law in old times but that classification is Vague to present world.

Second, any classification made keeping in view the law of a Particular community or nation is not
applicable to the law of any other Community or nation.

For Example; if one commits a breach of promise to marry, in English law, it falls under contract,
but in French law it falls under delict.

So, it’s not possible to discuss the classifications given by various Jurists, only a General
Classification shall be given which has been adopted by most of Jurists of the modern times.

 Classification of Law

(1) International Law, and

(2) Municipal or National law

International law:- The Present form of international law is of recent origin some earlier Jurist
were of the view that the international law is not law as it lacked many elements which law should
have. Austin and his supporters were of this view. Some says international law is law and it is
superior to the municipal law Kelson supports this view.

What is International Law?

The legal Process that concerns legal relations among nations is called international law. Belief
and experience some form international law dates from at least the days of the Roman Empire.
The united nation is are of the Primary mechanism that articulate and create international law.
The major sources of international law are multilateral Treaties, international custom and such
General Principles as are recognized by civilized nations.

According to some Jurists international law may be divided into two classes.

(1) Public international law, and

(2) Private international law

(1) Public international law is that body of rules which govern the conduct and relations of States
with other, really speaking; the term international law is used for this class of law.

(2) Private international law means those rules and Principles according to which the cases having
foreign element are decided for example, if a contract is made between an Indian and Pakistani and
it is to be performed the rule and Principles on which the rights and liabilities of the Parties would
be determined would be called Private international law. This class of law is called “Conflict of
laws” also. After knowing the field of application of this class of law, it is clear that the adjective
“international” is wrongly given to it because it applies to individuals and not to States and these
rules and Principles (called Private international law) vary from State to State and thus lacked
uniformity. This class of law is enforced by municipal courts which administer municipal law and
not international law, so, such a law does not process the characteristics of international law.

In modern times this class of law has gained much importance and every States has made rules for
its administration. Therefore, it must be properly classified. It is submitted that it should be given
the name “Conflict of Laws” and not private international law and should be treated as a branch of
municipal Private law and should be classified as such.

The Municipal law, Law of land, Civil law, or law applied within a State is divided into two
classes:-

(A) PUBLIC LAW

(B) PRIVATE LAW

A) PUBLIC LAW:- The State activities are largely regulated by Public law. It determines and
regulates the organization and functioning of the State and determines the relation of the State with
the subject. public law may be divided into three classes:-

(A) Constitutional law

(B) Administrative law and
(C) Criminal law

(A) Constitutional law:

By constitutional law is meant that law which determines the nature of the State and the Structure
of the Government. It is above and superior to the Ordinary law of the land. Constitutional law is
the basic law or fundamental law of the State. The constitutional law may be written as in India or
unwritten as in England. In modern times there is tendency to adopt written constitution.

(B) Administrative Law:

Administrative law deals with the structures powers and the functions of organs of the
administration, the limits of their Powers, the methods and Procedures followed by them in
exercising their powers and functions; the methods by which there power are controlled including
the legal remedies available to a person against them when his rights are infringed by their
operation.

(C) Criminal law:

Criminal law defines offences and prescribes punishment for them. Its aim is the prevention of and
punishment for offences. Criminal law is necessary for the maintenance of order and peace within
the State. In civilized societies crime is considered to be wrong not only against the individual
(who has been wronged) but a wrong against the society. Therefore, the State initiates the
proceedings against the offender, and thus it is always a party in criminal cases. This is why the
criminal law is considered as a branch of public law.

(D) Private Law:

This branch of law regulates and governs the relations of citizens with each other. The parties in
such cases are private individuals and the State through its judicial organ adjudicates the matters in
dispute between them. In these cases the State takes the position of only an arbiter. But it does not
mean that the State regulates all the conducts and relations of the citizens but regulates only such
of them as are of public importance and these relations (which State regulates) constitute the civil
rights of the citizens. The major part of municipal law consists of this branch of law but in
Totalitarian States the public law regulates the major part of the social life.

In the Classification of private law there is great difficulty. Different Jurists have given different
classification, a very General classification is as follows:-

1. The law of Persons

2. The law of Property
3. The law of obligations
4. The conflict of laws

The law of obligations is divided into three classes.

(i) Contract
(ii) Quasi contract, and
(iii) Tort

The classification is only substantive law. The procedural law and Evidence are also the branches
of the Private law.

A chart Presenting the above classification is as below:-

Law
State law/national law international law
Public law private law
Constitutional law Administrative law criminal law
Law of Person law of Property law of obligations the conflict of laws
Contract Quasi-contract Tort

The above classification of law has many defects. Many of the classes do not exist in many legal
system at all some branches of law which has developed in recent years cannot be put under any
one class exclusively.

Therefore, the above classification is neither universal nor exhaustive. Many other Jurists have
made classifications based on different principles. But these too have been made keeping in view
the law of a particular nation; therefore, they are not satisfactory and have no wide application.
New developments; A new classification necessary: - In modern times, new branches of law are
fastly growing and developing. These laws are of such composite nature that they partake the
nature and characteristics of many of branches of the law and do not fall into any one class
exclusively for example we may take the commercial law. It cuts across the two branches of law
i.e the law of obligation and the law of property. Similarly, industrial law also partakes the
characteristics of many branches of the law.
 Defining Literature
 What is Literature:
Literature, in its broadest sense, is any written work. Etymologically, the term derives from Latin
litaritura /litteratura “writing formed with letters,” although some definitions include spoken or
sung texts. More restrictively, it is writing that possesses literary merit. Literature can be classified
according to whether it is fiction or non-fiction and whether it is poetry or prose. It can be further
distinguished according to major forms such as the novel, short story or drama, and
works are often categorized according to historical periods or their adherence to certain aesthetic
(style) features or expectations (genre).

Taken to mean only written works, literature was first produced by some of the world’s earliest
civilizations—those of Ancient Egypt and Sumeria—as early as the 4th millennium BC; taken to
include spoken or sung texts, it originated even earlier, and some of the first written works may
have been based on a pre-existing oral tradition. As urban cultures and societies developed, there
was a increase in the forms of literature.

Developments in print technology allowed for literature to be distributed and experienced on an

unprecedented scale, which has culminated in the twenty-first century in electronic literature.

 Definition
Definitions of literature have varied over time. In Western Europe prior to the eighteenth century,
literature as a term indicated all books and writing. A more restricted sense of the term emerged
during the Romantic period, in which it began to demarcate “imaginative” literature.

Contemporary debates over what constitutes literature can be seen as returning to the older, more
inclusive notion of what constitutes literature. Cultural studies, for instance, takes as its subject of
analysis both popular and minority genres, in addition to canonical works. Comics, Mangas and
songs are considered literature in the current world. In 2016, Bob Dylan received a Nobel Prize in
Literature.

 Different forms of Literature:

 Poetry

The word Poetry derives from a Greek word poiesis, which means in a “making”. Poetry is a
unique art of literacy, but it doesn’t have a clear definition of what it is. It is said that poetry uses a
fictional plot, a specialized language, and it is written in a special form (style). When writing
poems, authors try to express their thoughts in less space using that “specialized language”, not
compare to novels and short stories that use much more space.
Poetry is an ancient art of literacy, before people use to carve poetry in the caves, and that is
known to exist long before. There are many poets, and uncountable written poems thought the
time, but there isn’t a clear definition of what poetry is. Although many poets have their “own”
definition of poetry. Another quote by Aristotle: “Poetry is more philosophical and of higher value
than history; for poetry tends to express the universal, history the particular”(Poetry America,
2009).

There are many characteristics of poetry, the main ones are Lyrical poetry and Narrative poetry
(Lethbridge & Mildroft, 2003). Lyrical poetry are short, non-narrative poems, which include
subcategories, and one of them is the Sonnet, which is written in fourteen lines (Lethbridge &
Mildroft, 2003). The Narrative poetry is a form of poetry that tells stories through it, for example
love stories, tragedies etc. Other forms of poetry are written in four lines, which are known as
stanza. Stanza is used more often in poetry, by many Albanian poets as well as poets throughout
the world.

Some important (related to syllabus) types of poetry

 Ode
Originating in ancient Greece, ode poems were originally performed publicly to celebrate athletic
victories. Later, this poetic form was favored among English romantic poets, who used odes to
express emotions using rich, descriptive language. Today, we use the term “ode” to describe any
outpouring of praise, and modern ode poems have evolved to include various styles and forms. An
ode is a short lyric poem that praises an individual, an idea, or an event.

 Free Verse
Free verse poems are the least defined. In fact, they're deliberately irregular, taking on an
improvisational bent. There's no formula, no pattern. Rather, the writer and reader must work
together to set the speed, intonation, and emotional pull. Free verse is generally recited.

 Epic
An epic is a long and narrative poem that normally tells a story about a hero or an adventure. Epics
can be presented as oral or written stories. "The Iliad" and "The Odyssey" are probably the most
renowned epic poems.

 Ballads
Ballad poems also tell a story, like epic poems do. However, ballad poetry is often based on a
legend or a folk tale. These poems may take the form of songs, or they may contain a moral or a
lesson.

 Sonnet
The sonnet is a popular classical form that has compelled poets for centuries. Traditionally, the
sonnet is a fourteen-line poem written in iambic pentameter, employing one of several rhyme
schemes, and adhering to a tightly structured thematic organization.
 Prose
Prose is a type of epic literature that is written in lines. Usually sentences in prose continuous in
that line, not in another one. Some authors (writers) say that writing prose is the best form of
writing, because words are in their best order.

Sometimes we wonder what does the word PROSE means. The word “prose” comes from another
similar Latin word that is PROSA and it is used to describe facts or anybody’s thoughts.

There are two basic kinds of prose: elementary forms and composed forms. (Rrahmani, Z., 1999).
In the elementary form there are: Legend, Myth, Fairy tales, and in the composed forms there are:
Novel, novelette, Tale (Rrahmani, Z., 1999).

A prose would contain the following features

 Theme
Theme is the general idea of a story.

 Setting
Setting is the information of the where the story occur and the time of the story. Setting also
includes a context (especially society) beyond the surround of the story, like culture, historical
period, geography, and occupation.

 Plot
Plot is the sequence of events.

 Point of View
Point of view is the different angle to see the subject.

 Character and Characterization

Character is an individual (usually a person) who play in a story. Characterization is the method
used by the writer to develop a character.

 Symbols
Symbols are the language style used by the author.

 Atmosphere
Atmosphere is condition and emotion in a story.

The different genres of prose include Fantasy, Adventure, Romance, Contemporary, Dystopian,
Mystery, Horror, Thriller, Paranormal, Historical fiction etc.
 Drama
At drama devoid the confession and description, whereas all the text surrender via dialogue and
monologue. Drama differs considerably from poetry or narrative because drama it is usually
written to be performed in stage by actors. Aside from the text that actors will express, did ask aliet
(written dialogues) are also a component of drama, wherewith characterizes the view of scene,
personages doings and behavior, the noises that are going to be heard etc., which usually puts in
brackets.

Classic drama (Greek and roman) was written in verse and was played in amphitheaters; some of
them are still saved (for example in Butrint, which was Greek colony).

Classic drama have had a solid construction, they were count by strong rules, so its composition
necessarily traversed in those phases: exhibition, interlacement, culmination, vicissitude and
solution. A drama usually separate in small components, which are called acts, so we have dramas
with five acts, three acts, one act etc., meanwhile smaller unit is scene, which hits every actors
entrance and exit in stage. Another feature of classic drama was oneness of the place (the event
had to came off in one place), oneness of the time (the event held out twenty-four hours) and
oneness of the doings (the event didn’t have a break).

 Tragedy
In the ancient time handled the destiny of the kings and demigods. The affairs which civilized were
unusual and big. The language of the drama wasn’t daily, it style was high so just Kings and
Queens and the people of the court could understand it. Later on the characters of the tragedy
became the big historical characters. The main feature of the tragedy is that its conflict ends
necessarily with the hero’s death.

 Comedy
(In Greek komo – convivial and od – song) is a dramatic work (Wikipedia, 2009). Since antique
comedy attended with usual people and usual events, which had a happy ends. As tragedy designed
to concuss with its tragic end, comedy designed to make you laugh. Comedy was very open divide
its designed thematic, divide its yoked characters and divide its way of civilizing. From the roman
authors disunited Plaut and Terenci than Shakespeare in England, Molier in France, Gogol in
Russia, etc.

Fiction and Non-Fiction

 Literary Fiction
Fiction refers to literature created from the imagination. Mysteries, science fiction, romance,
fantasy, chick lit, crime thrillers are all fiction genres. Whether or not all of these genres should be
considered “literature” is a matter of opinion. Some of these fiction genres are taught in literature
classrooms and some are not usually taught, considered more to be reading for entertainment.
Works often taught in literature classrooms are referred to as “literary fiction” including classics
by Dickens, Austen, Twain, and Poe, for example.
 Literary Non-fiction
Like fiction, non-fiction also has a sub-genre called “literary nonfiction” that refers to literature
based on fact but written in creative way, making it as enjoyable to read as fiction. Of course there
are MANY other types of nonfiction such as cook books, fitness articles, crafting manuals, etc.
which are not “literature,” meaning not the types of works we would study in a literature
classroom. Some examples of these you are already familiar with, like The Diary of Anne Frank or
Angela’s Ashes by Frank McCourt. These works of literary nonfiction have character, setting, plot,
conflict, figurative language, and theme just like literary fiction.

 Legal fiction and court room drama:

 Legal Fiction:

A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact
true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in
legislation. Legal fictions are different from legal presumptions which assume a certain state of
facts until the opposite is proved, such as the presumption of legitimacy. The term legal fiction is
sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal
fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as
"scaffolding around a building under construction".

 Common law examples:-

(1) Adoption:-
Child adoption is a legal fiction in that the adoptive parents become the legal parents,
notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is
entered, the biological parents become legal strangers neither to the child, legally no longer related
nor with any rights related to the child. Conversely, the adoptive parents are legally considered to
be parents of the adopted child. A new birth certificate reflecting this is issued, which is a legal
fiction.

(2) Doctrine of survival:-

If two or more people die within a period of time or in a manner that renders it impossible to tell
the order in which they died, the older of the two is considered to have died first. This is in order to
safeguard the operation of certain general legal rules, e.g. in inheritance law, where the younger
person will inherit the older, hence being able to pass on. If a parent dies alongside a child, who
has a child of his/her own, the rule of the elder predeceasing the child will allow the grandchild
(typically) to inherit both, the parent directly and grandparent indirectly, with the parent
instantaneously inheriting and then bequeathing. The doctrine of survival, although still existing in
England, has been abolished in many U.S. states by the Uniform Simultaneous Death Act.
(3) Doe and Roe:-

The use of John Doe or Jane Roe to identify an undisclosed party in a lawsuit is a type of legal
fiction. The fiction of Doe and Roe being the guardians of undisclosed parties who wish to bring
suit, or the names of parties unknown, remains in some jurisdictions although not in England. The
fiction about Doe being left homeless by Roe, used often in property law, however, has been
abolished in every common law jurisdiction.

(4) Ejectment:-

The common law had a procedure whereby title to land could be put in direct issue, called the
"writ of right". The defendant could insist on trial by "wager of battle", that is trial by combat, a
judicially sanctioned duel. To avoid the plaintiff staking life and limb, a tale was told in the
pleadings about how one John Doe leased land from the plaintiff but was ousted by Richard Roe,
who claimed a contrary lease from the defendant. Such events would lead to the "mixed action in
ejectment", a procedure to determine title via trial by jury. This is the origin of the names John Doe
and Richard Roe for anonymous parties. The fiction of Doe, Roe, and the leases was not
challenged by the parties unless they wished to stake their life on a trial by combat. Wager of battle
fell into disuse by the end of the thirteenth century though it was not abolished in England until
1819. Reasonable man In cases where the court must determine whether a standard has been
reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction
of the "reasonable man".

This is known as the "objective test", and is far more common than the "subjective test" where the
court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed
test", as in the House of Lords' decision in DPP v Camplin 1978.

 Court room drama:-

The another name of court room drama is legal drama, which is a genre of film and television that
generally focuses on narratives regarding legal practice and the justice system. The American Film
Institute (AFI) defines "courtroom drama" as a genre of film in which a system of justice plays a
critical role in the film's narrative. Legal dramas have also followed the lives of the fictional
attorneys, defendants, plaintiffs, or other persons related to the practice of law present in television
show or film. Legal drama is distinct from police crime drama or detective fiction, which typically
focus on police officers or detectives investigating and solving crimes. The focal point of legal
dramas, more often, are events occurring within a courtroom, but may include any phases of legal
procedure, such as jury deliberations or work done at law firms. Some legal dramas fictionalize
real cases that have been litigated, such as the play-turned-movie, Inherit the Wind, which
fictionalized the Scopes Monkey Trial. As a genre, the term "legal drama" is typically applied to
television shows and films, whereas legal thrillers typically refer to novels and plays.

Legal dramas typically portray moral dilemmas that occur with the practice of the law or
participating in the justice system, many of which mirrors dilemmas in real life. The American Bar
Association Journal has interpreted the public's enjoyment of legal dramas occur because "stories
about the legal system are laced with human vulnerability." Indeed, even though "there are no car
chases [and]... guns are never drawn", legal dramas retain strong followings because of their
presentation of moral intrigue in a setting that actually reflects what occurs in the world.

Legal dramas may present stories of the miscarriages of justice, such as persons wrongly convicted
of a crime they did not commit. At times, stories may involve the moral implications of police
misconduct, such as placing or tampering with evidence, such as in the 1993 film In the Name of
the Father. More often, legal dramas focus on the attorneys' point of view when faced with these
difficulties. For instance, in The Practice, a television legal drama series revolving around a firm of
criminal defense attorneys, a common theme presented is the difficulty of defending clients known
or believed to be guilty.

Finally, many legal dramas present themes that reflect politicized issues. In the 1960 film, Inherit
the Wind, the politicized issue portrayed was the legality of a Tennessee statute that made it
unlawful to teach the theory of evolution in a public school. As laws and public policy opinions
change, so do the themes presented in legal dramas. The 1992 film A Few Good Men explored the
psychology of superior orders, e.g. excusing criminal actions because they were only committed
from 'following orders'. The film Philadelphia (1993) addressed homophobia, and the
discrimination and public fear of HIV/AIDs carriers. In 1996, The People vs. Larry Flynt portrays
the early years of Hustler Magazine and issues of obscenity and freedom of speech. You Don't
Know Jack (2010) is a fictional biographic film about Dr. Jack Kevorkian and the legal actions he
faced as a result of providing euthanasia services to terminal patients. Racial injustice remains a
common theme from as far back as To Kill a Mockingbird in 1962 to the 2017 film Marshall.

 History:-

Legal drama in American film has an extensive history stemming from as early as the 1908 film,
Falsely Accused! The 1950s and 1960s presented a number of legal drama films including, 12
Angry Men (1957), Witness for the Prosecution (1957), I Want to Live! (1958), Anatomy of a
Murder (1959), The Young Philadelphians (1959), Compulsion (1959), Inherit the Wind (1960),
Judgment at Nuremberg (1961), and To Kill a Mockingbird (1962). Arguably, 12 Angry Men and
To Kill a Mockingbird stand as the cornerstones of early legal dramas, garnering extensive
acclaim, recognition, and awards. Despite underwhelming box office performance, 12 Angry Men
was nominated in three different categories at the 30th Academy Awards and appears on half of
the AFI 100 Years... series lists of films, which celebrate the greatest films in American cinema.
Likewise, To Kill a Mockingbird received even more acclaim, garnering three academy awards out
of eight total nominations at the 35th Academy Awards, appears on seven of the AFI's ten lists
celebrating the greatest films, including ranking as the best courtroom drama, and selected for
preservation United States National Film Registry by the Library of Congress as being "culturally,
historically, or aesthetically significant". Other countries also premiered legal dramas or
courtrooms dramas in the early 1900s, such as the French silent film The Passion of Joan of Arc
(1928).

Other legal drama films have not focused on even the practice of law, such as Paper Chase, a film
presenting the difficulty and anxiety of entering law school.
 Legal thrillers:-

This section is transcluded from Legal thriller. Legal thriller films provide introspection into the
life of a lawyer and legal professionals.

Within films, the central character is often engaged in professional work and experiences an
obstacle that they have to overcome such as a client's case. The character confronts problems with
their personal life and work, as it is under threat by the complex case, creating a series of action
and courtroom battles.

The problems that characters face are evident within reviews of films such as The Judge, where
family dynamics strain after a lawyer returns home for his mother's funeral. Reviews from the New
York Times comment on the film's transformation into a crime story, characteristic of the legal
thriller. The film itself unfolds the legal thriller's ideal courtroom drama style. The film takes place
in what is deemed as a "nostalgia-tinged town". Further films such as The Lincoln Lawyer have
also met similar reviews from Roger Ebert, commenting on the love of three elements in the film:
courtroom scene, old cars, and tangled criminals. The 2019 film, Dark Waters raises an ethical
dilemma of lawyers often choosing sides within films, as the defense lawyer has to switch sides to
defend a poisoned community. He risks his future, community, and life by dealing with the case,
characteristic of the legal thriller.

By combining the elements of film and law, the relationship becomes central to the audience.
Legal thriller films can impact the audience through film techniques, images, symbols, and social
functions. The film Mangrove shows the inequalities and injustices prevalent through Britain's
Caribbean history. Steve McQueen was the first black director of an Academy winning best picture
with 12 Years a Slave. The five-part anthology, featuring Mangrove as the first visualizes
courtroom drama and heroism, characterizing the legal thriller genre. McQueen made his film
resemble a landmark of the civil rights trial against black activists. The film uses the characteristics
of the legal thriller genre through a powerhouse courtroom drama and focusing on racial justice.
The power divide between two opposing sides is intended to shape transformative victory, as
audiences can learn about diversity.

A Fall from Grace also features the challenge often taken by lawyers in legal thriller films. For
example, a young public defender has to handle the challenging case of a woman charged with
murdering her husband. The film features elements of a conventional courtroom drama, such as the
heroic lawyer, shady characters, and a law firm setting. Within the film, there are plot twist
characteristics of the legal thriller genre. Furthermore, the film Law has ample court scenes and
features a character taking on the fight for justice. The film defies the stereotypical expectations of
women through featuring the main character as a woman who wants to speak openly about gang
rape victimization.

The recognition of injustice is another emerging aspect of legal thriller films. Marshall is another
example of a legal thriller film, where the lawyer is feature as the main character, traveling the
country on behalf of the NAACP to defend black men who are accused of crimes. The film
features a courtroom scene where violence occurs in retrieving the confession of a client and the
difficulty to obtain the truth. As a film review reveals, flashbacks are used as a key film technique
to craft outrage. The courtroom scenes are considered suspenseful and the setting of the 1940s
shows a stage where people threw a facade with fake costumes and bright lights. Racism is
exposed as a critical social justice issue explored where the truth demands a voice.

It is widely believed by most practicing lawyers that legal dramas result in the general public
having misconceptions about the legal process. Many of these misconceptions result from the
desire to create an interesting story. For example, because conflict between parties make for an
interesting story, legal dramas emphasize the trial and ignore the fact that the vast majority of civil
and criminal cases in the United States are settled out of court. Trials in legal dramas are often
shown to be more emphatic by disregarding actual rules in trials that prevent prejudicing
defendants from juries.

Besides the actual practice of law, legal dramas may also misrepresent the character of lawyers in
general. The lawyers in question fall under different variations, the character representations
include the zealous heroic lawyers fighting to save their client's case, or putting criminals in jail,
another is the sleazy distrustful attorney performing morally questionable acts to win the case,
another may be the conflicted lawyer who is forced into a moral dilemma of having to defend a
guilty client. These representations are not reflective of how lawyers act in real life as their job is
to remain neutral to the law and ensure every person gets a fair and equal trial, regardless of their
guilt. Sotomayor noted that events from the film such as entering a similar knife into the
proceeding; performing outside research into the case matter in the first place; and ultimately the
jury as a whole making broad, wide-ranging assumptions far beyond the scope of reasonable doubt
would not be allowed in a real-life jury situation, and would in fact have yielded a mistrial
(assuming, of course, that applicable law permitted the content of jury deliberations to be
revealed).

 Example of Court room drama and Legal Fiction:

 About Author:-

William Somerset Maugham , a British author of novels, short stories, and plays, was honoured as
the highest-paid author of the 1930s. Before he became a well-known writer, he had an unusual
career that influenced a lot of his work.

By 1914, Maugham had written ten books and ten plays. British and American critics first
rejected "Of Human Bondage," a semi-autobiographical book that is today regarded as one of his
finest works, as an excessively sentimental romance story.

 Summary:-

The Verger
The Verger, a short story by Maugham, is the story of the unassuming Albert Edward Foreman.
He served as a verger at St. Peter's Church in Neville Square, doing his responsibilities with
enthusiasm and devotion. The new vicar's entry inside the church interrupts his normal duties. He
wants everything to be flawless, so as soon as he learns that the foreman is illiterate, he acts
immediately. The priest believes that characteristics like reading and writing ability speak well of
St. Peter's.

Despite having an excellent track record, the foreman still loses his job. The foreman will have
three months of grace from the vicar to learn how to read and write. However, he declines the
offer, claiming that he is too young to learn. Because the foreman is illiterate, the parish has
chosen to terminate his employment, the vicar says. Foreman had never expected to suffer such a
severe blow as a result of the priest's choice. He had believed that his position as a verger was
permanent when he was appointed sixteen years earlier. However, he suddenly loses his job after
a lengthy sixteen-year of career. By accepting any household duties outside the heavenly church
service, he doesn't want to humiliate himself. Foreman is really unhappy and distressed when he
exits the church.

He makes a wrong decision and travels away from his house. He moves slowly along the lengthy
road, carefully considering what he should do next. He has a pitiful sum of money, but it is not
enough to support his family's needs without working. He doesn't smoke, but he likes a cigarette
when he's upset or worn out. He wants to smoke, which would make him feel better. In the
lengthy street, he is unable to locate a tobacco store. He thinks that it sounds odd. He believes that
a tobacco business would be successful in such a location. He follows through with his plan on
the following day. He launches his tobacco company by renting a suitable store. All is good. After
turning a profit, he opens ten branches around London in ten years. He develops into a successful
businessman, and his bank account reaches £30,000.

The bank manager gives him advice one day to put his money in certain secure assets. Albert
claims he doesn't want to take any chances and prefers to keep his money secure in the bank. In
addition, he has no idea how or in what securities he may invest. The manager responds that all he
needs to do is a sign and that he is there to care for his money. Albert has gained the ability to
sign since starting the company. How does he know where he is investing? He queries the
manager. The manager claims that he is able to read the paper and then sign it. Albert recognizes
his lack of literacy. His confession surprised the management. Albert has accumulated an
enormous amount of money despite not being able to read or write. What he may have
accomplished if he had been educated and read. Albert replies lightly, though, that if he knew
how to read and write, his only job would be as a verger at St. Peter's Neville Square.

 Literature on justice and ethics:

 Literature on Ethics:-

Ethics occupies the highest levels of leadership in the present-day public and private sector.
Ethical leadership has become a standard expectation from any present day manager. This
suggests that managers and their organizations are expected to behave ethically in the execution
of their duties. In this regard Ethical behavior and Ethical standards are linked to a conduct that
demonstrates honesty, integrity, morality and good management practices. As a result individuals
and organizations are required to maintain ethical standards adopted by their business
environment and moral standards adopted by both the society or those regulated in the country.
Despite the popularity of the subject ethics in both the public and private sectors of the world,
there is greater need to know and educate the people about the subject and its values.
Furthermore, people are confronted by ethical dilemmas and choices every day. Societal values
and business environment changes frequently.

The people are thus required to continuously adapt and seek to comply with the ethical standards.
The challenge to build an ethical society or to transform institutions to become ethical is every
modern day CEO, Board Chairperson and political leaders nightmare. Indeed ethics is a highly
debated subject in today’s corporate and business world, as well as in educational. According to
Robinson and Dowson (2012) see ethics a subject related to good behavior and making a choice
on what is right when confronted by a situation to choose between what is wrong and the former.
Ethics therefore arise when humankind is accorded a thought based decision making process to
do what is right which is or what is wrong which is also known. According to Deigh (2010)
ethics is branch of philosophy where the mind or individual is accorded inopportunity to justify
his actions or decision. In this regard there is a need balance decision and rationale.

In this regard an individual honest action may still be unethical or ethical similarly with a
dishonest action.

A common example is the doctor patient confidentiality rule. In this regard, a doctor who is aware
on the HIV status of one the partners would be behaving unethical in telling the partner without
the consent of the infected partner yet he might be honest in alerting the partner about the risk of
exposure to the virus from the infected partner. According to Bartneck et al. (2021) ethics is the
analysis of human actions from the perspective of “good “and “evil,” or of “morally correct” and
“morally wrong. This represents the humanitarian aspect of ethics and the moral aspect. Ethics
and choice cannot be divorced; Human beings possess the ability to make an ethical decision.
This has brought about the concept of the ethical dilemma. The emphasis is whatever choice is
made must be a right decision. So, ethics is not only about doing what is right. It is about doing
what is right in the right way. On above example, the Doctor is bound to adhere to the regulations
of his profession. Thus his behavior would be deemed ethical.

So, does this mean his actions would be moral? Is another question to be answered in the study of
literature on ethics?

The study of literature reveals that there different form ethics identified from different authors as
follows: Driver (2007) and Timmons (2018): Normative ethics Sen and Williams (1982), Van
Staveren (2007) and Dimock and Fisher (2017): Utilitarianism Benn (1998), Driver (2011) and
Wood (2020): Consequentialism Benn (1998), Southwood (2010) and Suikkanen (2020):
Contractualism Van Staveren (2007) and Wood (2020): Deontology Benn (1998) and Dimock
and Fisher (2017): Kant’s Ethics Bartneck et al. (2021): Machine Ethics has in the late nineties
gained more ground and drew more interest from academic philosophy and public affairs (Benn,
1998). Despite the perceived popularity of the subject ethics in academia, business, public and
non governmental affairs there is a greater need to educate meaningfully about what ethics are
and its objectives. In addition, Paliwal (2006) argues that ethical behavior is related to actions,
which includes honesty, integrity, morality and good management practices. As a result
organizations are seen to be putting in place ethical procedures and policies that each component
of the institution must adhere to.

The adopted ethical codes become part of the organizational policy and it is communicated
through trainingand procedure manuals. Grigoropoulos (2019) also suggests that ethics should
be made a cross cutting responsibility to all elements of the organization. However, Musek
(2015) observes that the modern manneglected the concern for the values, ethics, and morality.
This resulted in increased unethical behavior across all the sectors of society. Musek (2015) also
raises a concern about the increased risk and declined safety of the future of the human society
arising out a behavior that is outside the ethical standards. This implies that the decline in ethical
standards have a detrimental effect to the future of the society. Managers in organizations face
ethical issues every day of their working lives.

 The Importance of Ethics:-

There are numerous facts that justify the importance of ethics. In the below subsections the I
reflect on four key essential of ethics.

4.1. Ensures Good Conduct Ethical conduct is according to Grigoropoulos (2019) one of the most
powerful and important aspects of human activities in organizations. Its importance arises from its
ability and assurance that all the elements within the organization are doing things in the right
way. It is now not just about performing one’s responsibilities but it is about doing thing in the
right way. Doing things the right way implies amongst others being procedural and compliant in
your work action and operations. Ethics therefore provides the rules and standards of doing things
the way in both institution and society.

4.2. Sense of Responsibility and Accountability Once procedures and standards that measure
ethical conduct are put in place in an institution, it creates a sense of responsibility and enables
accountability (Gabler, 2006). Ethics ensures that people act responsible and they are held
accountable for their actions and decisions. It also ensures that institutions take responsible and
ethical decisions that they know they will be accountable for. A company is expected to ensure
that it does not dump hazardous waste or chemicals that can harm citizens living around its
operational area. An action contrary to the above becomes unethical.

4.3. Prevents Reputational Damage Violation of ethics or unethical conduct can cause serious
reputational harm to the business. A doctor who becomes popular for unethical conduct that
causes harm to his patients loses trust of the people. A constant ethical behavior ensures that an
institution maintains a sound reputation. One of the popular scandals in South Africa is the Life
Esidimeni Mental Patients scandal. In the Life Esidimeni scandal, the Department of Health in
Gauteng terminated the contract between the departments and placed 2000 high mental care
patients at unlicensed mental care centers. As a result, 94 patients were reported dead in 2016 due
to poor treatment including dehydration. It was reported that the Member of the Executive
Council (MEC) for Health in Gauteng had insisted on cost curtailment as primary factor behind
the termination of the contract (Makgoba, 2016).The Gauteng Government and the Republic of
South Africa suffered reputational damage due to the Life Esidimeni tragedy. The then MEC was
eventually removed from her position by the Premier of Gauteng Province and she had to resign
from the Gauteng Provincial Legislature. The department intended to cut costs but in the process
of cutting costs did not do thing the right way. It placed high care mental patients in unlicensed
mental care centre where the patients were not accorded good treatment. The decision was
damaging to both the MEC as an individual and the department.

4.4. Prevents Financial Loss Due to Avoidable LitigationsMost of the decision taken by
organizations presents an ethical risk (Saremi and Nezhad, 2014). Ethicalbehavior becomes a
matter of choice for organizations. Yet if not adhered to an institution or individual can incur legal
fees due to litigations against the harm or violation caused by the unethical conduct. In South
Africa, the group to Ministries of policies and health are paying thousands of settlement fees from
litigations against unacceptable conduct by either police or nurses.

 Literature on justice :-
Literature is the only place where humans are treated as humans, not with their caste, creed and
status. Literature, be it in any language, draws us to the universal principles of
human emotions, psychology, human predicament, the aspirations, fears and so on and so
forth of human beings. In literature there is a universal approach to human beings. It is where all
are equal, dealt equally like humans with its myriad dimensions.

A king like Lear is shown as weak and vulnerable, mighty man like Julius Caesar
is defeated, simpletons like old Santiago becomes heroes. Literature is the true mirror of
world and man created by God. As they say “All are born equal”. It also show there is equality in
every aspect of human emotions be it happiness, sadness, anger, fear etc. and human’s
psychological traits like intelligence, introspection, will power, resilience etc.

All humans have been endowed equally by Mother Nature and as all are born equal all die. As
the Bible says, “From dust has thou come and to dust thou shall return”. Social Justice refers to
the ability people have to realize their potential in the society they live. Classically,
"justice"(especially corrective justice or distributive justice) referred to ensuring that individuals
both fulfilled their duties. And received what they were "due" from other people. It is a
matter worth pondering how literature can facilitate the study of social justice. For
once, literature can play the role of “Context” in the “Text” of Social Justice or Social Justice
cases.

Literature is the mirror to the contemporary society and eternal human mind and heart. Literature
can provide the historical, traditional, cultural context of a particular era or age through
fictional characters and delineating the life and the society then and their relevance to the
societal practices.

This is one way to study social justice and its context. It also thus helps in comparing the present
scenario of society and social strata and the evolution of societal norms. In this way it helps to
understand social justice with a different paradigm by relating the context. “The earliest recorded
ideas of social justice applied solely to a particular people or nation with the intention of
redressing effects of hierarchical inequalities, particularly inherited inequalities.
For example the Bible contains references to the jubilee year when slaves were freed,
debts and obligations were liquidated, and land was returned to the original owners. This
redistribution was primarily between individuals and was not applied universally”. Literature is
perhaps the best medium to understand various predicaments a human is subjected to. It
develops empathy with the people in various situations and the problems they face.

It also helps to understand the psychology of humans with real like examples of fictional
plots and characters. For e.g. if you study the plight of children in the novels of Charles Dickens
one would empathize with orphans, poor children without being that situation and also understand
the importance of juvenile laws, child labor laws and how laws evolved for the
overall good of the society taking care of various strata of society. Contemporary people can
understand that the people throughout history have struggled, had the same feelings and problems
and come out with a sense of goodness.

Thus it also helps in resisting apathy and understanding not to repeat the ‘bad history’ or bad
historical practices. Moreover, literature helps to develop solutions using a hypothesis and
fiction. The stories provide tremendous scope of human and societal wisdom and people can
understand the problems and devise solutions based on fiction and fictional characters. It also
helps in developing certain strong personality traits like determination, moral courage,
resilience etc. and how courageous people have changed the social justice pattern for e.g. “To Kill
a Mockingbird" illustrates how the just behavior of one lawyer was able to slowly transform
the lives around him. "Each person possesses an inviolability founded on justice that even the
welfare of society as a whole cannot override. For this reason justice denies that the loss of
freedom for some is made right by a greater good shared by others." Thus, literature provides
ample scope of understanding human behavior, feelings and thoughts, the universality
attached with it.

Literature, besides being an art form used for expression, also preserves cultural ideals,
customs, and morals. The written word gives us a deeper context into the lives and livelihood of
people distinct from ourselves – this can be true of historical literature but is equally
true of modern literature, as well. We can learn as much from William Shakespeare's time
through his plays as we can from authors from a different mindset or place. The common
feature which unites the activities most consistently forbidden by the moral codes of
civilized peoples is that by their very nature they cannot be both habitual and enduring, because
they tend to destroy the conditions which make them possible. When the facts, timelines
and people in history books seem remote, literature can serve as a way to make them more real.
Literature that touches on historical moments, such a "Beowulf," "Gone with the
Wind," "Catch-22," and "To Kill a Mockingbird" can play a particularly helpful role
about social justice.

Literature on Human rights and Social justice:-

Both domestic and international human rights documents make reference to the connection
between social justice and human rights. Many of the articles of the Universal Declaration of
Human Rights (UDHR) support egalitarian goals in contemporary democratic cultures, arguing
that human rights are the cornerstone of justice everywhere. Numerous international and state
human rights treaties, including the Convention on the Rights of Persons with Disabilities, the
International Covenant on Civil and Political Rights, and the International Covenant on Economic,
Social, and Cultural Rights, reflect these goals.

Modern liberal political thought, on the other hand, contends that social justice and human rights
are two different things, with social justice needing more distributive equity across political and
socioeconomic institutions than doe’s human rights.

A 'discontinuous' understanding of the normative connection between social justice and human
rights is presented by this viewpoint.

Social justice is the principle of fair interactions between individuals and society, encompassing
the distribution of wealth, opportunities, and privileges within a society. It is a cornerstone of
international and intra-national cooperation, removing barriers based on factors such as gender,
age, race, ethnicity, religion, culture, or disability. Human rights, on the other hand, are the
advantages inherent in being human.

 MEANING AND EVOLUTION:-

Human rights are fundamental and inalienable rights that every individual is entitled to, regardless
of their nationality, caste, creed, or religion. They are crucial for the wellbeing of the body, mind,
society, and soul, and are often outlined in constitutions to protect against infringement. These
rights encompass civil rights, civil liberties, social, economic, and cultural rights. They stem from
inherent dignity and value, based on fundamental human necessities like physical and mental well-
being and survival.

Recognizing inherent dignity is the foundation of freedom, justice, and peace. Individuals can only
seek human rights in an organised community with a civil social order. Social justice on the other
hand is the equitable treatment and position of all individuals and socioeconomic groups within a
state or society, encompassing legal frameworks, regulations, and institutions. It is often compared
to distributive justice, which addresses the equitable distribution of benefits and drawbacks in
social, political, and economic domains. Social justice is a practical ideal and objective for social
and political reform movements, with practical goals varying based on historical and cultural
contexts and contemporary socio-scientific understandings.

Human rights protection has roots in ancient civilizations, including the Dharma of the Vedic era
in India, Hittite laws, Assyrian laws, and Babylonian laws. The intellectual ideas of "natural law"
and "natural rights" date back thousands of years and were acknowledged by Greek and Roman
thinkers. The concept of human rights originated from the Greco-Roman natural law doctrine of
stoicism, which held that human behavior should be evaluated in line with the rule of nature. The
concept of social justice originated in prehistoric communities and was often connected to
religious practices.

Social justice movements began in the early 19th century, tackling topics such as women's
suffrage, labor rights, and slavery. International movements focused on advancing social justice
gained traction in the mid-20th century, with the United Nations' 1948 adoption of the Universal
Declaration of Human Rights marking the beginning of the human rights movement. Various
social justice movements have developed in recent years, aiming to advance fundamental rights,
such as the LGBTQ+ rights movement, environmental justice, economic justice, and Black Lives
Matter.

 INSTRUMENTS OF HUMAN RIGHTS:-

The treaties and other legal documents that form the foundation of human rights legislation and the
overall defense of human rights are known as human rights instruments. Although there are many
different kinds, the majority fall into two general categories: conventions, which are multi-party
treaties intended to become legally binding and typically involve prescriptive and highly specific
language as well as a drawn-out process that frequently requires ratification by each state's
legislature, and declarations, which are adopted by bodies like the United Nations General
Assembly and are by nature declaratory and therefore not legally-binding even though they may be
politically authoritative and highly respected soft law and frequently express guiding principles.

The term "International Bill of Human Rights" is sometimes used to refer to the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social, and Cultural Rights, and other international human
rights instruments.

The Universal Declaration of Human Rights, approved by the General Assembly in 1948, outlines
the principles of respect for human rights and fundamental freedoms for all without distinction
based on race, sex, language, or religion. The Declaration includes thirty articles, including civil
and political rights, economic and social rights, and the right to life, liberty, security, and freedom
from slavery or servitude. The International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social, and Cultural Rights (ICESCR) were approved by
the General Assembly in 1966. The ICCPR and ICESCR are legally enforceable and focus on
various freedoms and rights, including self-determination and individual rights. The Human Rights
Council, established in 2006, is the principal intergovernmental entity within the United Nations
responsible for overseeing human rights. It serves as an international platform for discussing
national circumstances and abuses of human rights, adopting resolutions and convening crisis
meetings to address pressing issues.

Members commit to upholding human rights and are expected to cooperate fully with the Council.

India also aimed to establish a national organization to uphold and advance human rights in the
1990s, following foreign countries' condemnation of political upheaval in Punjab, Jammu &
Kashmir, Northeast, and Andhra Pradesh. However, the proposal was made abruptly without
adequate consideration by the administration. In 1992, the Human Rights Commission Bill was
tabled in the Lok Sabha, and in 1993, the National Human Rights Commission was founded. In
1994, the Protection of Human Rights Bill was approved, establishing Human Rights Courts, State
Human Rights Commissions, and a National Human Rights Commission.
The National Human Rights Commission (NHRC) is an independent statutory body established in
1993 to monitor and protect human rights in India. It is responsible for ensuring the protection of
life, dignity, liberty, and equality of individuals, as defined in Section 2(1) of the PHR Act. These
rights are guaranteed by the Indian Constitution, international covenants, and are enforceable by
Indian courts. The NHRC was established in compliance with the Paris Principles of Human
Rights, 1991, adopted by the United Nations at its General Assembly of 1993.

The State Human Rights Commission, established through an Act of Parliament, is state specific
and focuses on protecting human rights in specific states. It is also responsible for investigating
human rights violations, but can only deal with subjects listed in List II of the State List and List
III of the Concurrent List.

 ISSUES CONCERNING SOCIAL JUSTICE:-

The foundations of social justice include access, equity, participation, and human rights. Everyone
is appreciated, helped, and safeguarded in a just society. It is difficult to achieve social justice
since there are several issues that must be resolved. The gender pay gap is a significant issue
affecting women's wages and opportunities in the workforce.

Factors contributing to this disparity include underrepresentation in leadership roles, long work
hours, time away from the workforce, education, gendered occupations, and unexplained aspects
of the gender wage gap. Women are less common in leadership roles, with a greater concentration
of women working in administrative and human resource support roles. Working hours are often a
product of the disparities in the ways that men and women engage in the workforce, and women
often work part time more than men. Climate change is another significant issue affecting women's
wages and opportunities.

Climate change is caused by various factors, such as fracking, agriculture, and offshore drilling,
and fossil fuel emissions are not decreasing. Fighting climate change is essential for poverty, food
security, and gender equality. Human trafficking and slavery are serious social justice problems
that impact millions worldwide, involving infringement of fundamental human rights, exploitation,
and denial of individual freedom. Initiatives for social justice must address these issues, support
women's emancipation, and allocate funds for child safety. Governments, non-governmental
organizations, and the commercial sector must engage in global collaboration and lobbying to hold
offenders accountable. Transgender people face numerous societal problems and risks, including
discrimination, stigma, violence, lack of legal protections, restricted access to healthcare, bullying,
mental health issues, economic inequality, rejection from family, media representation, and
diminished social acceptance. Racism is a pervasive societal problem that affects people, groups,
and cultures worldwide.