Fatal (F)laws: Law, Literature and Writing

In this article, we develop an account of judgment as writing which displaces and contests the conventional staging of the signifiers ‘law’ and ‘literature’. If judgment is understood as writing, then it is opened out onto the contexts which structure it, but which it must disavow or repress. To investigate this process, we read the judicial judgment of a killing of a gay man. In this text, the context that is simultaneously cited and repressed is that of literature - and specifically, Julius Caesar by William Shakespeare. Literature functions not as law's other in this judgment, but as a legal concept. Its chief performative effect is the concealment of a corpse: literature enables law to forget the wounds of the murdered man, and to bury his corpse within the grammar of fate. Our reading is an attempt to illuminate the scene of this crime. This revised version was published online in July 2006 with corrections to the Cover Date.