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Cardiff University

Borders and Boundaries: Locating the Law in FilmAuthor(s): Guy OsbornReviewed work(s):Source: Journal of Law and Society, Vol. 28, No. 1, Law and Film (Mar., 2001), pp. 164-176

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JOURNALOF LAW AND SOCIETYVOLUME 28, NUMBER 1, MARCH 2001ISSN: 0263-323X, pp. 164-75

Borders and Boundaries:Locating the Law in FilmGUY OSBORN*

The essay examines the emergence of law andfilm in the curricula oflaw schools in the context of Britain. It outlines the development oflegal education in England and Wales and the relationship betweenlegal education and training. It notes the broadening out of thesyllabus to encompass more politicized courses taught within theirsocio-economic context likefamily law and labour law. From this shiftof academic focus the politically contextual has extended to thecultural context. The relationship between law and culture both inliterature and in other areas has been the end result of this relaxationof focus on professional education. Finally, the precise nature of lawand film and its boundaries are discussed.

Breadth of knowledge, wider culture, adaptability, perseverance if notdetermination(often fostered by great personal suffering), an ability tolook at the law - in Roscoe Pound'swords 'from without' as well as 'fromwithin' - all greatcomparatistshad these attributes o a lesser or greaterextent. That is true of those who workedin Englandas well as of thosewho operatedin the United States;and is also true of the autochthonousgiantslike HarryLawson and JackDawson. But arewe likely to find suchfeatures n the next generation?Naturaloptimismapart,I mustadmit,thatprimafacie the signs are not propitious'.It is undoubtedly the case that law and film is something of a rarity on lawschool curricula,2 and that research in the field has been somewhatpiecemeal in the past. There are a number of reasons for this. In terms ofundergraduate aw teaching, it is trite to note thatthe curriculum s to a largedegree predicated on the requirementsof the Law Society and Bar Council.* School of Law, Universityof Westminster,4 Little TitchfieldStreet,LondonWIP 7FW, England

1 B. Markesinis, TheComparatistora plea for a broaderegal education)'in PressingProblems in the Law. Whatare Law Schools For?, ed. P. Birks (1996).2 A module,FilmandLaw,wasvalidated t theUniversity f Westminsterspartofthe LLBvalidationn 1993.Thismodulewasinspired,o a degreeby a short ourserunout of theExtra-Muralepartmentf BirkbeckCollege n theearly1990s,andsince the Westminstermoduletherehave been developmentst UNL and NewCollegeOxford mongst thers.

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Because of this, the undergraduateprogrammeis heavily prescriptive.3Withthe 'core subjects' under pressure to expand, it is often difficult to find aplace in the curriculum for other subjects not considered as 'core' by theprofessions. Indeed, in the 1990s the traditionalcore that took up at least halfof the undergraduatecurriculum was supplemented by a requirement tostudy EU law, and it seems likely that human rights law will soon besimilarly required.4In additionto this 'spatial' difficulty, some subjects havebeen viewed with suspicion, at least initially, in some quarters.In terms ofresearch, law and film is beginning to attractmore attention and signs suchas this special issue of the Journal of Law and Society, previous specialissues of American journals,5 and the emergence of texts in the field6 lietestament to this.

However, even if it is taken that the areais one worthy of serious study, arelated question concerns subject matter; what is to be included within itspenumbra?This article seeks to place film and law within the context of thedeveloping law curriculum, and argue that it has a legitimate place in thecurriculumby virtue of its contextual potentiality. In addition, having drawnparallels with the law and literaturemovement and examined how film canbe used within law teaching, an attempt is made to sketch out the subjectmatter of the area.

THE LEGAL CURRICULUM AND THE INCURSION OF POPULARCULTUREWhilst there have been shifts in recent years, it is probablystill the case thatlaw school curricula are largely dominated by the black-letter tradition. AsSugarman has noted, 'its categories and assumptions are still the standarddiet of most first-year law students and (it continues) to organise lawtextbooks and case books'.7 The black-letter tradition assumes, of course,that the law is predicated upon a rational and coherent body of rules that,once identified and applied, will provide the answer to the problem.3 This may be exacerbatedy the internal equirementsr regulations f the LawSchoolorUniversity.4 Thesix coresubjectswere awof tort,contractaw,criminalaw,equityand rusts,pubiclaw, and landlaw. Themostrecent'JointStatement' f the BarandLawSocietyrequireshathalf of thethreeyearsof studymustbe spenton thestudyofsevenfoundationubjects,andthattwo-thirds f the threeyearsmustbe in lawsubjects.5 See,forexample,1996)30(4)UniversityfSanFransiscoLawRev.,which ncludedthesymposiumPicturingustice:magesof LawandLawyersntheVisualMedia'.6 See,forexample,P.BergmanndM.Asimow,ReelJustice the Courtroom oes otheMovies 1996);J. Denvir ed.),LegalReelism.Moviesas LegalTexts 1996).7 D. Sugarman,"AHatred f Disorder": egalScience,LiberalismndImperialism'in DangerousSupplements. esistanceand Renewal in Jurisprudence,d. P.Fitzpatrick1991)34.

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However, whilst such an assumption might underpinmuch teaching, even acursory incursion into legal study reveals a labrynthof confusion and non-conformity:Like any closed model of rationality,the 'black letter' traditionis shotthroughwith contradictions,omissions andabsurdities,which generationsof judges andjuristshave soughtto repress.Forinstance,the notion of lawas resting uponan objectivebody of principlefounderswhen we considerthatthe quest for underlyingprinciplesmust involve a selection from thesum of principlesand thus has a strongevaluativeelement.8

These contradictions become apparent early in legal undergraduatestudy,and often create difficulties for studentscategorized by the notion that law isin some way exact or precise.9 Seeing the law at work, and seeing that issuessuch as policy (a value issue) may affect the outcome of cases may lead thestudentto take a more critical approachtowards the law and its application.10To a large degree this is where developments in areas such as the sociologyof law and the shift towards 'law and ...' approaches comes in. Legaleducation is however resistant to change. Writing aboutthe new wave of lawprofessors that followed the golden age of legal scholarship in the latenineteenth century, Sugarmannoted the following:

New texts were discouraged.The great intellectualundertakingsof theclassical period gave way to a narrowingof vision, seeking to learn ingreaterdetail about smaller areas. Of course, this process had its criticsand one can certainly detect a number of counter-currents.What isstriking,however, is the extent to which these critics and counter-currentswere repressed.Why?In addition to those factors enumeratedabove, it isundoubtedly the case that high staff-student ratios, the elevation ofteachingoverresearch, he isolation of legal educationandthoughtwithinthe scholarlycommunity,the hiring of law teachersbased on prowess inexaminations rather than flair for scholarship, the failure to provideadequatefinancialsupport or research,and the legal profession's controlover what law schools taughtand how they taughtand examined it, allinhibitedreformfrom within."l

To a degree this repressionstill takes place, althoughthe forms and objectsof repressionmay have altered.Significantshifts have occurredboth within thelegal curriculum,and within the wider world of scholarshipand educationthathave necessitated such a shift. Governmentinterventions into legal educationhave included a Select Committee on Legal Education in 184612 that

8 id.,p. 35.9 At my owninstitution,nd frommy ownexperience,his is mostopenlyrevealedwhendealingwithprecedentn contract nd ort.10 Onthe roleof policyandjudicialcreativity, ee, for example,G. Osbor and T.Sutton,Ofnew orders ndnew dawns.Freewheelingeturnso negligence'1996)12 ProfessionalNegligence 2.11 Sugarman,p.cit.,n. 7, p. 64.12 Thereport f whichwasproduced uicklybutwithremarkableerception:166

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recommended, among other things, the revival of the law faculties at theuniversitieswhich had fallen into abeyanceandthat a proper system of degreesshould be introducedto replacethe ratherpiecemeal situationthatexisted. AsOrmrodwryly notes in the 'Historical Introduction'to his 1971 report:(t)he history of legal education in England over the past 120 years islargely an account of the struggleto implementthe recommendationsofthe 1846 Committee and the effects of that struggle.13

A number of furtherstudies followed the 1846 Select Committee, includingthe Haldane Commission report in 191314 and the Atkin Committee of193415before the Second World War. After 1945 the expansion of highereducation, coupled with the introduction of grants, led to a new wave ofpotential lawyers and posed a whole new set of questions for legaleducation. This culminated in the Ormrod report which produced a seriesof recommendations including the following objectives for the academicstage:In the scheme of trainingfor the practiceof the law, the objectivesof theacademicstage should be to providethe student with:-(i) a basicknowledgeof the law, which involves coveringcertain'core'subjects...(ii) an understandingof the relationship of law to the social andeconomic environment n which it operates;and(iii) the intellectualtrainingnecessaryto enable him to handle facts andapply abstractconcepts'.16

It is interesting to reflect on Ormrod,some thirty years ago, stressing theimportance of an appreciation of the social and economic environment inwhich law operates. The most recent attempt to analyse the shape of legaleducation is the Lord Chancellor's Advisory Committee on Legal Educationand Conduct,17established under the Courts and Legal Services Act 1990that also reiterated that '... the degree course should stand as an independent

Within heamazinglyhortperiodof threemonths,t produced Reportwhichcontains remarkablend ar-sightedtudyof the wholeproblemf educationorthe legal profession.t revealed hat there was virtuallyno institutionalawteaching f anykind nEngland,with heexception f ProfessorAmos's eachingatUniversityCollege,London. ingReport of the Committee n LegalEducation(1971; Cmnd4595; Chair,The Hon.Mr.JusticeOrmrod).

13 id., p. 8. Subsequent agesreveala fascinatingnsight nto the evolutionof lawteachingrom he mid-nineteenthentury.14 Final Reportof theRoyal Commissionon UniversityEducationin London(1913; Cd.6717;Chair,LordHaldane).15 Report of the Legal Education Committee 1934; Cmd. 4663; Chair,LordAtkin).16 Ormrod,p.cit.,n. 12,p. 94.17 LordChancellor'sAdvisoryCommittee n Legal Education nd Conduct,FirstReport on Legal Education and Training(1996).167




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liberaleducationn thedisciplineof law,nottied to any specificvocation'.18Notwithstandinghis,therehasbeena shifttowardsvocationalism n manyundergraduateegrees,certainlyn termsof theintegration f legal skillsasfree-standingubjectsor being integratednto othersubjects.'9New areasof studyhaveemerged,partlyas a reaction o whatSugarmanidentifiesas law's isolation within scholarshipmore generally.Many ofthesemoveshave beenviewedwithsuspicionby the academyalthough,ascan be seen above, both Ormrod and the Lord Chancellor'sAdvisoryCommitteestress that academiclegal trainingshould be seen within abroader ocio-economiccontextandthat it should not operatepurelyas apractitioner onveyerbelt. Within the legal curriculumwe have seen anumberof developmentshat llustrate hepotential ornew subjects hatdosite the law within its broader ocial, politicalor economic context.Bothfamily law and labour law are, for example, good examples of thisphenomenon;both are responsive to societal and legislative changes.However,a key aspectof such 'new' subjects s not so muchthe subjectmatter tself but the approachadopted.For example,labour aw could beseen on one level as a particularub-stratum f contract, ort andEU law,althoughon another t mightbe seen as a heavilypoliticizedcourseandtheapproachand coverage would reflect this accordingly. Similarly, asrecountedbelow, any new subjectcan be reactionaryand mundaneandnotnecessarilyas vibrant nddynamicas theareamightsuggest; new'doesnot necessarilyequatewith 'critical'or 'contextual'.Within hisbackdrop,hestudyof law andfilm,alongwith otherareasoflaw andpopularculture, s of comparativelyecentorigin.This may be inpartdue to a reticenceon the partof the academy o embracenew areasofresearch and disciplines that veer outside the traditional framework.However,a shift towardsmore contextual,or socio-legal, approachesolegal studyhasallowed somedevelopmentso be made. Of particular otewithin areasof law andpopularculture s that thereis no obviousbodyoflaw;to a largedegree,thedelineationof subjectmatter s highlysubjective.This echoes the pointaboveconcerningapproach.t is, in addition, urthercomplicatedby the fact that popularculture s itself a loaded term,andwithinnotionsof culturegenerally, 'high' and 'low' cultureareperceiveddifferently.It is probablyeasier to make a claim for interdisciplinaryinvestigation f highculture han t is low - certainly he studyof 'law andliterature' as a higherprofile,and is moreeasilyacceptable,han'law and

18 id.,p. 108.19 Of course,such skills, whilst legal in nature,may fulfil a numberof broaderobjectives ndbe perceived s applicablen a widerenvironmenttransferability).20 Forexample,writingn 1986,Huntwelcomedhe arrival f the criticalegalstudiesmovement nd ts potentialorshaking plegalscholarshipnd orcingt to debatethenature f itsdevelopment. .Hunt,TheTheory f CriticalLegalStudies'1986)6 OxfordJ. of Legal Studies 1-45.168




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film'. This to a large degree explains why law and popular culture has nothad a particularlyhigh profile, and why historically the intersections of lawand popular culture have not been heavily examined.This reticence to analyse the relationshipbetween law and wider issues ofmass culture was identified by Chase in 1986,21 and the Yale Law Journaltook up the gauntlet some three years later with an issue dedicated in parttothe burgeoning effect of L.A. Law upon the legal profession. Friedman,writing in that issue, noted the symbiotic relationship between popularculture and the law:

Popular egal culture andpopularculturearerelatedto one another n twoimportantrespects.First,popularculturegets its ideas of law, or at leastsome of them, from popular legal culture.22In other words, popularculturereflectspopular egal culture.The upshot of this is that much of the appreciation and understandingweglean about the legal profession is obtained via the cultural representationsof the law.23By the same token, thereis much to be learnedabout the law byappreciatingthe way in which it interacts with other areas and disciplines -much in the same way that Ormrodarguedfor law's relationshipwith socialand economic forces to be understood, and that the 'living law' should beexperienced.Recent years have seen the emergence of a number of courses that haveattempted to map the trajectory of law and popular culture. These haveranged from courses that have merely used an area of popular culture as avehicle to discuss areas of law, to (perhaps more ambitious) courses thathave attemptedto excavate what ourunderstandingof popularculture(s) tellsus about the law itself.24 This reinforces the point that there is nothingnecessarily radical about new subject matterin itself - it is the approach tothat subject matter that truly maps the subject.25For example, areas such assport and law, or media law, could be explicitly 'black-letter' in approach,rather than attempting something more contextual or critical.

21 A. Chase, Lawyers ndPopularCulture:A Reviewof Mass MediaPortrayalsfAmericanAttorneys'1986)Am.Bar Foundation esearch . 281.22 L. Friedman,Law, awyersandpopularulture'1989)98 YaleLawJ. 1579.23 Theres, of course,a vastlydifferentpproachothestudyof filmand he aw whichhasnothingo do with hevisual ontent ut s concerned ith heapplicationf legalprincipleso the film industry.Such a curriculumwould cover issues such ascopyright,ontractualssues,merchandizing,ndso on.24 At my owninstitution have beeninvolved n thevalidation,oursedevelopment,and eaching f coursesn entertainmentaw,mediaaw,sportand helaw,film andthelaw,among thers.All of thesehavediffering imsandobjectives ndattemptoachievedifferenthings.25 I am indebted o a valuable xchange f ideas withSteveGreenfieldn our SeniorCommonRoom orthispoint.

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LAW AND FILM:A DEVELOPINGDISCIPLINE?Legalscholarshipan and should ncludestudiesof worksof literaturedealingwith aw. Fictionmaynotbeparticularlyelpfulasa wayto learnlegalrulesorhistory, ut t cantell usmuchaboutaw,definedbroadlyomean he egalorder... Theassumptionf traditionalegaleducation,hatlawis a technical nd nsularmatter rasped ntirely rlargelyon itsown,has been replacedby the belief that it is inextricably oundup withpolitics,morality, ultureand life ... the centerof legalscholarship illalwaysbe law, but scholarsshouldapproacht as partof a broadercivilisation.26

On one level, anappropriateomparatororfilm andlaw wouldbe with thelaw and literaturemovement,an areathat is now fairlywell established.Films may be viewed as the poor relation to literaturegiven the longtraditional istoryof thenovel in comparisonwiththe morerecentdevelop-ment of film studies as part of the curriculum.The study of literatureprovidesa good exampleof how difficultit is for a disciplineto remainisolated romwider nfluences.Literary heoryhas beensubject o numerouscriticalperspectiveshat havegreatvalue:

... literaryheory s not anarid ormof scholasticism,peculatingboutthe number f angels hatcanexist on theheadof a pin.Rather,iterarytheory aises mportantssues about exts,readers ndaudiences f texts,and herelations f worksof artandculture ndculturalmatterso societyandpolitics.27

Accordingly,the academic study of literaturehas become increasinglyinfluenced by other disciplines such as psychology, sociology, andphilosophy.By the sametoken,it is unrealistic o assumethatthe studyoflaw can demandto remain in arrogantsolationfrom otherperspectives,particularlyhosethatoffersome reflection nlaw.28WritingnLegalStudiesin 1993,29Wardexcavateddevelopmentsn the law and literaturemovementand illustrated how interdisciplinarystudies were able to give newpossibilitiesto the teachingof law. In particular, e argued hat law andliteraturehad a numberof positive attributes,whilst at the same timefollowingDunlop'swarning gainst hepossibilityof over-intellectualization:

26 C. Dunlop,Literaturetudiesn Law Schools' 1991)3(1)Cardozo tudiesnLawand Literature 9, quote reproducedn D. Black,Law in Film.ResonanceandRepresentation1999)111-12.27 A. Berger,CulturalCriticism1995)38.28 Thephrases AlanHunt's,andis hereappropriatedo a different nd.Huntwasarguing bout heplaceof legaltheorywithinawdegrees, ee Hunt,op.cit.,n. 20,andalsoouranalysis f thiswithin hecontext f law and ilm:S. Greenfield ndG.Osborn,TheLivingLaw:Popular ilmas LegalText'(1995)29 TheLawTeacher33.29 I. Ward, The educative mbition f LawandLiterature'1993) 13 LegalStudies323-31.

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The greatvirtueof Law and Literature s its potentialto be user friendly.That quality, above all, must not be lost. Too many long words are adangerous hing.As Dunlop suggests, law is alreadybeset by far too manywords that do not really mean anything,either to lawyers or to anyoneelse.30Whilst the fact that the subject can be user-friendly, and can provide auseful interface or point of contact between student and tutor, is important,other aspects of the educative functions of law and literature are equallyrelevant. In particular,following Cook's argument that the art of teachinglies in the use of analogy and metaphor,literature,like other areas of 'law incontext', allow scope for explanation via example.31In addition, as can beseen below with regard to film, the non-threatening nature of the 'texts'provides a particularlyuseful point of entry for legal study. Perhaps most

interestingly, Ward illustrates that whilst law students may exhibit atendency to erase, or dismiss, 'non-legal discourse', teaching in this waymight encourage a broaderunderstandingand a more rounded appreciation,both of the law and society itself. The prime virtue of law and literature s, heargues, its educative function; 'The process is one of 'learning by osmosis'.Even if the structuraldistinction between law and literature remains, asPosner suggests that it should, the functional distinction need not. Theeducative ambition of law and literature,it is submitted, is both a credibleand a creditable one. Moreover, it is one which teachers of law should notseek to dispute, if they do indeed cherish the ambition of educating lawyersto be more thanjust lawyers'.32This is certainly something with which I can empathize having taughtfilmand law since 1993. Even within the confines of this course, there are anumber of different, and perhaps competing educative functions, and thismay be replicated throughoutother courses. Dunlop puts it thus in terms ofresearch: that there is a crucial difference between research in law andresearchabout law. The latter allows an appreciationof a subject by utilizingthe tools and experience of a different discipline, whilst the former:

consists of doctrinalanalysis of texts ... tends not to involve empiricalstudyof the actualworkingsof the legal orderor of its economic or socialconsequences... It apparentlyhas a coherenceand an autonomyenablingone to call it a discipline.33The difference between the two is that research about law allows the law tobe discussed, interrogated, and critiqued. Dunlop has refined this

30 id.,p. 324.31 Ward atercites thefollowing xample, egardinghehistorical ntecedentsf lawand literature; Two and a half thousandyears ago Socrateswas using the literarytechniques, metaphorsandparables,andtelling "stories"as a meansof educatinghisstudents about all things,justice included' (id., p. 327).32 id., p. 331.33 Dunlop, op. cit., n. 26.171

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categorization to explain the difference between the competing, but arguablycomplementary approaches of 'Law in Literature' and 'Law as Literature'.Here, the former looks at representationswithin the field of literature,whilstthe latteradopts some of the tools of literarycriticism to assist in the analysisof legal texts. My approachhas generally been to utilize the first model (lawin film) in order that it might tell us something about the law.34Whilst the use of film opens up many possibilities, not least in terms ofproviding an accessible and non-threatening entry point to the law, there areof course problems utilizing such a medium.35 This is partly a question ofasking what the objectives, or learning outcomes, of such a project shouldbe. A furtherconcern arises from the nature of the areaitself - that is, whereis the law and where is the law text? This is a challenge that has been facedby other emerging areas and 'disciplines', but here it is exacerbated by theanswer that 'the film is the text', or at least the primarysource. One of thegreat problems this creates, apartfrom debating whetheror not 'law and ...'subjects are in fact law disciplines (and whetherwe would want them to be)is what is the subject matter of the (non-)discipline. This is the realm ofasking - what should be covered by a course on law and film, and the relatedquestion - 'what is a law film'?

WHAT IS A LAW FILM? THE BOUNDARIES OF FILM AND LAWOne of the major problems when setting out to analyse legal films isdeterminingthe question of what constitutes a legal film. In essence this iswherewe have to look to film theoryto providesome assistancein determiningthe edges of our inquiry.This raises the issue about how far we rely on filmstudies to delineate our own boundarieswithout becoming too involved withquestions of interpretationrather than substance. We need to remain legalscholars studying law films rather than film theorists studying law films.Whilst there will undoubtedlybe some crossover,our context is quitedifferent;being rooted in the study of the theory and practice of law and lawyers asopposed to other areas of film studies. The most fundamentalquestion is todecide the law film genre, what are its constituentsor perhapsmore pertinentwhat is outside it. Genre is an importantmeans of classification:

34 See, for example,S. Greenfield ndG. Osborn, Film,Law andthe deliveryofjustice: he case of JudgeDreddandthedisappearingourtroom'1999)6(2) J. ofCriminal ustice and PopularCulture35; S. Greenfield nd G. Osbor, 'WhereCulturesCollide.The Characterisationf Law andLawyers n Film' (1995) 23International. of theSociology f Law107-30.35 In twoarticles, GreenfieldndOsbor, op.cit.,n. 28, and 'TheEmpowermentfStudents:he Case for PopularFilm in Legal Studies' in the AmericanBarAssociation'sFocus on LegalStudies 1995)6) we haveargued he case for theadvantagesf using ilmto enhance awteaching.

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We talk aboutgenresbecause of our need to classify things,which we doto get a sense of how texts relate to one another and to gain someperspectiveon them.There is an interestingphilosophicalissue related togenres, namely, whether or not 'classes' of things exist and what theirontological status is.36The most obvious classification for legal film is to draw a line aroundcourtroom drama.37This is however problematicas few films are set entirelywithin the courtroom: one of the best known is TwelveAngry Men, yet thistakes place within the confines of thejury room. The question would be howmuch in terms of either quantityor quality needs to take place in court for afilm to be classified as a courtroom drama? For example, A Dry WhiteSeason contains a minimal amount of courtroom action, yet the scene withMarlon Brando as the defence lawyer seeking justice is memorable.38 Someof those films with courtroom scenes might be classified as comedies (A FishCalled Wanda, Brothers in Law, My Cousin Vinny) or as a thriller (CapeFear). The argumentcan be taken furtherwith a consideration of the spatialrequirementsof the courtroom scene. An argumentcan be propounded,forexample, that even films such as Judge Dredd could be considered as acourtroom drama notwithstanding the paucity of traditional courtroomscenes within the film:

Dredd is as much the masterof his 'courtroom'as any previous cinemajudge, the change is the arena not the authority,his judicial robes aresignposted as clearly as those historically trimmedwith ermine. WhenDredd indicateshis judicial supremacyby declaring'I am the Law' he isstill acknowledging he legal process albeit is one vested withinhim, onlythat the parametersof the courtroomare no longer fixed.39

In any event, considering law films as only courtroom dramas is a verynarrow interpretationof what law is concerned with. The majority of legalpractice takes place outside of the courtroom,and to suggest that a film suchas The Firm (that is essentially concerned with the construction of lawpractices) is not a legal film is difficult to justify. In essence then, law filmsare far more thanjust courtroomdrama.The question then is, 'what are thelimits to the law film genre'?40It might be arguedthat the key concept is thatof 'justice', and hence lay claim to all films with an element of justice

36 Berger, p.cit.,n. 27, p. 18.37 See,here, he discussion f Black,op.cit.,n. 26, ch. 3.38 Brando's erformanceas described y onecritic: Brando'star urnas a lawyerjadedby therealisationhat usticecannot xistin matters f race,puffing,pausing,snorting,ookingikehe's wanderedn fromanothermovie'.D.Wells,TheTimeOutFilm Guide 1993).39 Greenfield ndOsborn, p.cit. (1999),n. 34, pp.35, 43.40 Of course, hequestion ouldalsobe one of stratifyinglawfilms'andcreatingseriesof genresor sub-genreseneathhis.Thiswouldbe an inquiryhatI wouldarguewouldhave ittlepurpose.

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contained within the film.41 Other writers have sought to draw lines aroundfilms because of certain characteristics such as the main character, theauthor, and so on. Rafter's work, for example, considers crime films whichshe considers a category that encompasses a number of genres includingcourtroom drama.42 One of the main problems with identifying anddeveloping a genre is that any film within the genre that has a new featureindelibly alters the genre itself. In many ways approachingthe question ofgenre from the outside has given those working with legal films a freedom toclassify and refine their approach.The attemptto constructargumentsacrossstrict genre does have some support:

Ultimately we need to be alert to the possibility that in constructinganargumentarounda particulargenre,auteuror star,we maybe producinganeatly organised overview - but we may also be constructinga fictionevery bit as credible but every bit as contrived as the narrativesof thefilms themselves ... The temptation o force the film into the frameworkwe have constructed,by the most convoluted of means if necessary, isgreat. Neatness will have been prioritisedover genuine complexity andtruth.43

No doubt some film theorists would find such an approachrathercavalier,but there is a strong argumentthat law is an importantfeature of many filmsand does not fit into any realistic genre classification with ease. Rafter, forexample, makes the point that courtroom dramas have changed over timeand identifies three phases of development.44 Genre as a method ofclassification within film studies has also been criticized because of theproblem of 'isolating intentions', and the related issue that any classificationis only useful in terms of what it is designed to achieve; namely, that theclassification should have some point:

To take a genre such as a 'Western', analyse it, and list its principalcharacteristics,s to beg the questionthatwe must first isolate the body offilms which are 'Westerns'.But they can only be isolated on the basis ofthe 'principalcharacteristics'which can only be discoveredfromthefilmsthemselvesafterthey have been isolated,for whichpurposesa criterion snecessary, but the criterion is, in turn, meant to emerge from theempiricallyestablished common characteristicsof the films.This dilemma can be solved in one of two ways. First, by classifying on thebasis of the critical purpose of the inquiry, genre as a specific term becomes41 Thismay,of course, reateproblems f size.42 N. Rafter, hots n theMirror2000).43 P. Phillips, Genre,Star and Auteur:An approacho HollywoodCinema' n AnIntroductiono FilmStudies, d. J. Nelmes(1996)p. 125.44 She identifies he 1930s-1950s,whichshecategorizes s 'ExperimentationndtheLawNoirs', hemid1950s-1960s 'TheHeroicTradition',nd1970s othepresent- 'Depletion f theGenre'.Rafter, p.cit.,n. 42.45 A. Tudor,Genre ndCriticalMethodology'n MoviesandMethods,Vol.1, ed.B.Nichols 1976).

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redundant as the classifier can make their own 'genres'. The second way tosolve the dilemma is to reach a common consensus as to what a 'Western' or'Law Film' (or whatever) is, and then establish conventions to go with this.This is clearly an issue that those working in the area will have to explore ingreaterdepth as the subject develops: at present it remains unresolved.46

CONCLUSIONAs can be seen from the above discussion, the coverage of an area such as'film and law' is difficult to define and delineate. Often this will be led bythe objectives of the actual course. On the film and law course atWestminster there are a number of learning outcomes including 'to criticallyexamine the portrayalof the law and legal personnel in film' and 'to developa wider critical awareness of the law'.4 As such, the course is clearlyfulfilling a numberof functions in that it was both research/teachingin lawand about law,48and in order to facilitate this, the selection of films that wasselected for appraisalwas necessarily wide. Even once the areais delineated,there is still the issue of curriculum pressure to contend with. Currentpressure comes not only from the professions via the Joint Statement, butalso from the requirements of the Quality Assurance Agency that hasproduced a number of benchmark standards.Whilst the QAA benchmarksare less prescriptive and deal more with student outcomes, these outcomesare still largely cognitive. The QAA position may at least more easilyfacilitate the development of 'law and ...' disciplines. Brayne noted asregards the professions:

As with previous declarationson the content of the academic stage, theprofessions have confined their prescriptions to matters of subjectcoverage in law and development of academic legal skills. The realchangefrom 1995 to 1999is the increase n the amountof time whichis tobe spenton law, therebyreducingthe scope for widening the horizonsoflaw undergraduates y studyingotherdisciplines.49

Whilst there is undoubtedly more pressure upon the curriculum, myposition would firmly be that there is a place, and that there are a number ofeducational reasons, for subjects such as film and the law on the law schoolcurriculum.Ourperspective should be framed by our answer to the questionof what the law school is for, and what are the objectives of legal study.

46 A furtherttemptomap his errainwill bemadebyS.Greenfield, .Osbor, andP.Robson,Film and the Law (2001, forthcoming).47 Another more specific objective was to '... appreciatethe psychological effects ofdress and court layout uponperceptionsof the law'.48 See, further,GreenfieldandOsborn,op. cit., n. 28, p. 33.49 H. Brayne, 'A case for gettinglaw studentsengagedin the real thing- the challengeto the sabre-toothcurriculum' 2000) 34 The Law Teacher 17, 20.




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Whilst the position and wishes of the professions must be taken in toaccount, at least to a degree, it must be firmly borne in mind that a lawdegree can, and should '... provide preparation for a whole range ofoccupations, and insight to numerous aspects of public life'.50 With that inmind, subjects that view law within its wider social and economic contextshould be supportedand developed, and film and law specifically should beappreciatedfor the educative potentiality it contains.

50 N. Savage and G. Watt, 'A "House of Intellect" forthe Profession'in Birks,op. cit.,n. 1.


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