Flags, Verdicts and Texts: Dissident Narratives and Literary Mandates for Re-Writing Empire

Abstract

Researchers theorising the intersection and intertextuality between literature and law have explored and analysed democracy, governance, and trust from diverse analytical approaches. Political and legal structures are undergoing polycrises and governance is assailed by wicked policy problems, while democratic norms and legitimacy are eroded. Trust—in all its elasticity—is increasingly polarised among groups and linked to ethnic, cultural, and place-based identities and resentments. Past and present experiences in the lace of memory show that racial categories have persisted into the postcolonial chronos, and we need to question what this means for the rhizome of democracy. New ideas and identities challenge how democracy can represent diverse groups and interests, emphasising the nourishing and symbiotic relationships between literature and law within the context of decolonising notions of global-glocal knowledge economies. Governance and legal architecture are held hostage by powerful interest groups, and axiomatic aspirations to kairos and trust in the fair distribution of wealth and resources for the institutionalisation of democracy have been enfeebled. New forms of democratic participation are emerging which challenge the concepts and premises of choice and plurality. Repeated pressures to understand major crises such as criminal and gendered violence where geopolitical instabilities weaken trust in the capacity of democratic processes have not provided acceptable and socially just verdicts. If external pressures on democratic institutions are growing, criticisms against forms of poor governance (e.g., corruption, presidential personalisation of the state, short-termism, polarisation) are also increasingly made against legal and political institutions. New expressions of distrust in flags and resistance against legal, cultural, and economic powers are immanent in literary texts. This article uses Native Son, Mating Birds, and The Trial of Dedan Kimathi to address the following question: What are the pre-requisites and co-requisites for democracy and socially just governance to flourish in legal and literary situations of heightened economic marginalisation, extreme cultural oppressions, and diminishing political legitimacy? The nexus and intersectionality between legal and literary textual structures allow for an analysis of the role and impact of social, cultural, political, and juridical reformulations in the three selected texts. I argue that the (counter)story, as interdisciplinary method, is thus tasked (and suffused) with immense possibilities.