In June 2016, I attended the annual conference of the Society for the Study of Midwestern Literature (SSML). There I read my fiction and presented on “The Space and Place of Western Minnesota Writers.” Since I had just been accepted into law school, throughout the conference I kept drifting to the question of how I could combine my passion for literature with my interest in law. (Though, of course, as every good lawyer knows, good legal writing is also good creative writing). Then an idea came to me: I could study judicial references to dystopian literature.
Someday I’ll expand this to include George Orwell and 1984, but as a test-run, I decided to focus on Aldous Huxley, the English author of Brave New World (1932; “BNW”) and The Doors of Perception (1954). Given BNW’s dystopian bioethics, I assumed it would be leveraged as a rhetorical device—the specter against which parties framed discussions of modern medicine, drugs, and government control. So, using Lexis-Nexis, I ran a keyword search for “Aldous Huxley” and found 45 opinions. (The keyword “George Orwell” returns 210). Twenty-nine of these were from federal courts, with the rest coming from the states. I then coded the keyword-reference per its context—i.e. whether the opinion analogized with BNW, referenced book bans, quoted Huxley personally, or referenced Huxley in some “other” context. This last catch-all included references that were not in any way unique or meaningful (e.g. a reference to Timothy Leary’s friendship with Huxley or a court’s takedown of a brief appealing more to literary than legal theory). Continue reading