What's in a Name? A Brief Study of Legal Aptonyms

Abstract

The field of law and literature ranges wide. Scholars use Shakespeare to illuminate issues of justice, Toni Morrison to construe family law, and Harry Potter to explain the law of nations. But an important subset of this field has been hitherto neglected: the study of the names of laws’ protagonists — law and onomastics.

This Essay takes the first step into this promising area by identifying a previously unexplored category of cases, which it dubs legal aptonyms. Aptonyms – literally “apt names” – are those proper names that are “regarded as (humorously) appropriate to a person's profession or personal characteristics.” Think of Shakespeare’s quick-tempered Hotspur, Dickens’s acerbic Mrs. Sowerberry, or J.K. Rowling’s pernicious Draco Malfoy. But for law. This Essay provides a brief history of aptonyms, defines the legal aptonym, and provides several examples, ranging from Loving v. Virginia to Schmuck v. United States.

Keywords: Aptonyms, Loving v. Virginia, Schmuck v. United States, Raffles v. Wichelhaus, Surowitz v. Hilton Hotels