Literary References in Obiter Dicta: A Study on Intertextuality in Legal Discourse

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Abstract

The courts around the world have been introducing reforms into judicial systems,and one of these is to improve the language of judgments in which the judges of superior courts add their comments and observations. This attached discourse resembles the obiter dicta, which often contains moral and ethical exhortations. It is to add the literary touch (i.e., from dramas,novels, poetry, etc.) to a legal decision so that the people easily understand the verdict.Obiter dicta of the higher courts is often taken as a reference by the subordinate courts. It is, therefore, very much obvious that every word articulated in a judgment would be weighed with paramount importance. This study explores how judges around the globe have utilized intertextuality in achieving these goals and discusses the advantages and disadvantages of this technique.

Authors

1-Amjad Hussain
Assistant Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan

2-Mohsin Mansoor Pirzada
Advocate, Bahawalpur, Punjab, Pakistan

3-Muhammad Arif Saeed
LLM, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan.

Keywords

Law, Obiter Dicta, Literature, Law, and Literature; Literary References, Judgments

DOI Number

10.31703/glr.2020(V-II).17


Page Nos

160 - 169

Volume & Issue

V - II

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Published: 06 2020

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