Method of Legal Counterfactuals
摘要
As repeatedly stressed, this work focuses on developing a counterfactual method for researching legal discourses in literary texts. The term counterfactual method implies method and counterfactuality: the former is the object of the attempt to open methodological perspectives for interdisciplinary work between law and literature, and the latter was dealt with in detail as a concept in the previous chapter and is now further developed here as a method. The development of a novel approach should serve to strengthen the interdisciplinary connection between law and literary studies by demonstrating common methodological approaches: I refer in this respect to the Sect. 3.1 on interdisciplinarity, in which it is made clear that viable interdisciplinary work is not possible without methodological and conceptual commonalities. Counterfactuality as a method focuses on the juxtaposition of real-world law and intradiegetic legal discourse as a prerequisite for counterfactual thinking and cognition on the one hand, and on a deeper understanding of legal discourses in literature as well as literature in a broader sense on the other hand.