ABSTRACT
The scholarly movement of law and literature has enabled the author to first embark upon and then elaborate the arguments. This chapter explores this scholarly movement as a necessary preliminary to this exploration and it examines how discourses are formed and dispersed in a manner which transforms an object of study. The law and literature movement is a key intellectual tradition that expresses the way discourses can be radically dispersed and circulated. The Law in Literature fields seek to extract meaning and utility by using fictional narratives that have as their subject law, lawyers or narratives written by lawyers. In the Marshall Trilogy cases, Justice Marshall outlined the origins of the Doctrine of Discovery based on a narrow set of literary discourses. Marshall incorporates selected images of the American Indians from a long-standing literary and discursive archive dating back to the sixteenth century within the express body of his judicial opinions.
