%20(1).jpg)
Law on Film
Law on Film explores the rich connections between law and film. Law is critical to many films, even to those that are not obviously about the legal world. Film, meanwhile, tells us a lot about the law, especially how it is perceived and portrayed. The podcast is created and hosted by Jonathan Hafetz, a lawyer, legal scholar, and film buff. Each episode, Jonathan and a guest expert will examine a film that is noteworthy from a legal perspective. What does the film get right about the law and what does it get wrong? Why is law important to understanding the film? And what does the film teach about law's relationship to the larger society and culture that surrounds it. Whether you're interested in law, film, or an entertaining discussion, there will be something here for you.
Law on Film
The Return of Martin Guerre (1982) (France) (Guest: Joseph Dellapenna) (episode 46)
The Return of Martin Guerre is a 1982 French historical drama directed by Daniel Vigne and staring Gerard Depardieu. The film describes the historical case of Martin Guerre who leaves his young wife Bertrande (Nathalie Baye) in the small French village of Artigat to fight in a war and travel. Around eight years later, the false Martin (played by Depardieu) returns to the village to resume his life. The false Martin (whose real name is Arnaud du Tilh) persuades the people in the village that he is in fact Martin Guerre. This includes Bertrande, who goes on to have two children with the false Martin and who seems happy to finally have a husband who loves her, as opposed to the real Martin, with whom she was trapped in an arranged and loveless marriage. But when the imposter Martin presses his uncle for the money he is owed for his land, the uncle denounces him as a fraud. An investigation and trial follow to determine if the Depardieu character is the real Martin. The imposter Martin is on the verge of winning until the real Martin shows up at the last minute, exposing the imposter Martin, who then confesses. The imposter (i.e., Arnaud) is then led to the gallows and hanged, and the real Martin resumes his place in the village.
Timestamps:
0:00 Introduction
2:56 Teaching comparative law through film
4:18 A quick primer on French legal history
7:33 Jean de Coras and the Parliament of Toulouse
11:28 How the false Martin Guerre becomes Martin Guerre
16:12 The allegations against Martin and Bertrande
21:01 The trial of Martin Guerre
25:16 How the false Martin almost pulls it off
27:26 The execution
31:29 Religious conflict in 16th century Europe
34:59 The difficulty of proving identity at the time
Further reading:
Bienen, Leigh Buchanan, Book Review, “The Law as Storyteller,” 98 Harv. L. Rev. 494 (1984)
Davis, Natalie Zemon, The Return of Martin Guerre (1983)
Dellapenna, Joseph, “Peasants, Tanners, and Psychiatrists: Using Films to Teach Comparative Law,” 36 (1) Int’l J. Legal Information 156 (2008)
Finlay, Robert, “The Refashioning of Martin Guerre,” 93(3) Am. Hist. Rev. 553 (1988)
Hall, Phyllis A., “Teaching Analytical Thinking through the AHR Forum and ‘The Return of Martin Guerre’” Perspectives on History (Jan. 1, 1990)
Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.html
You can contact him at jonathanhafetz@gmail.com
You can follow him on X (Twitter) @jonathanhafetz
You can follow the podcast on X (Twitter) @LawOnFilm
You can follow the podcast on Instagram @lawonfilmpodcast