LITERATURE IN JUDGEMENTS

From time immemorial, lawyers have taken recourse in literature to best articulate their
arguments and judges have used it to put a sense of humanity in their decision. Judges have
been constantly looking for subtle nuances of laws through literature. It comes at no surprise
that judgements with most literary values are judgments have been handed down through
decades.

Lord Denning, an eminent English lawyer and judge, is an avid wearer of law and literature
and have weaved judgements with literetaure like an artist do. In one of his books, The
Discipline of Law, he wrote, ‘When I was called to the Bar, I had to become proficient with
words. I did it by drawing on my reserves of English literature…Next, I had to practice
continually. As a pianist practices the piano, so the lawyer should practice the use of words,
both in writing and by word of mouth.’ Denning has developed a unique style of writing
judgements that owns high literature merit. In his other book, Family Story, he states, ‘I start
my judgment, as it were, with a prologue – as the chorus does in one of Shakespeare’s plays –
to introduce the story. Then I go on from act to act as Shakespeare does – each with its scenes
– drawn from real life’.

William Shakespeare, widely regarded as on the greatest writers in the English language, is
ubiquitous in British jurisprudence. The Complete Works of William Shakespeare has been
well-thumbed by generations of advocates and judges, even across the Atlantic. His work has
infiltrated legal documents extensively through centuries.

The Indian judges have turned to literally sources whenever it was felt that plain legal
language was insufficient to the task. For instance, in 2005, the Delhi Court in N. Ranga Rao
& Sons v Anil Garg & Ors.1 borrowed a leaf from Shakespeare's Romeo and Juliet to settle the
petition where the petitioner was aggrieved by the products sold by the defendants under a
name identical to that of the plaintiff's brand. The opening line of the judgment delivered by
Justice Sanjay Kishan Kaul read, “” What’s in a name? That which we call a rose by any
other name would also smell as sweet", said William Shakespeare”. There is but still a
propensity to copy the names because a rose is a rose. An amalgam of colour combinations,

1
N. Ranga Rao & Sons v Anil Garg & Ors.128 (2005) DLT 649
names and logos may produce a complete identification of a product and the allegation of
copying the same has given rise to the instant litigation.

Apart from the work of William Shakespeare, the Indian court have resorted to literature by
other thinkers, philosophers, writer. In 2011, Justice Markandey Katju turned to Mirza Ghalib
to convey the court’s dilemma in disposing off a petition filed by Pinki Virani on behalf of
nurse Aruna Shanbaug a petition to allow passive euthanasia.2 Justice Markandey Katju
began the 141 paged judgement by quoting the eighteenth century poet, and wrote, “Marte
hain aarzoo mein marne ki, Maut aati hai par nahin aati (One dies longing for death/but death,
despite being around, is elusive).” The former CJI Deepak Mishra and Justice A.N.
Khanwilkar in the opening verdict of the recent NALSA case quoted “I am what I am, so
take me as I am," a line from a poem by German writer J.W. von Goethe (1749-1832),
followed by the words of another German thinker, Arthur Schopenhauer (1788-1860).

2
Aruna Ramchandra Shanbaug vs. Union of India. AIR 2011 SC 1290