Formalism is the process of interpreting laws verbatim and applying them to situations literally regardless of whether or not the outcome appears morally correct or even wise. Equity, on the other hand, is the philosophy that acknowledges that there are special circumstances to which laws may not apply, and that these laws should be applied according to individual situations. One thesis topic can discuss these two opposing views of the law and their relationship, using Herman Melville's novel "Billy Budd," which explores this dichotomy. After initially assessing how this novel describes formalism and equity, write about these two ways of looking at law and its enforcement.
Franz Kafka's "The Trial," a German novel often studied in literature programs, tells the story about a man, Josef K., who is arrested on his 30th birthday, tried and then ostensibly forgotten about by the court. Write about this novel as a critique of the judicial process. Note the use of settings in the novel and the pictures Kafka paints of legal officials. Ask whether Kafka could be saying the legal system is unprofessional, for instance. Find examples of other works of literature that also make reference to morality, the ethical responsibility of the court system and professionalism related to law.
The act of judging often takes into account not only strict views of the laws involved in a particular case, but also ethics, equity and even personal opinions. Build a thesis around the act of judging, viewed from its various interdisciplinary standpoints, such as psychological, legal, and philosophical ones. Incorporate various literary texts that discuss this theme. Again, "Billy Budd" can be studied for its insights into the way the judge's character operates. Susan Glaspell's "A Jury of Her Peers" is another good text that offers insights into the viewpoint of the jury.
Laws and society are intricately intertwined. Laws are created to help hold society together, and social norms and values often are the basis for them Consider a thesis that explores the ways social mores and laws mutually affect each other. Literature is one way of analyzing this, because fictional works often involve the interaction of these two forces. For example, Gabriel Garcia Marquez's "A Chronicle of a Dearth Foretold" concerns a murder and the legal prosecution of those accused of committing the act. The story presents multiple stories by various witnesses, each interpreting events differently and presenting responses based on societal norms.