Artefacts of Legal Inquiry: The Value of Imagination in Adjudication
Autor Dr Maksymilian Del Maren Limba Engleză Paperback – 25 aug 2021
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Specificații
ISBN-13: 9781509955046
ISBN-10: 1509955046
Pagini: 504
Dimensiuni: 156 x 234 mm
Greutate: 0.69 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1509955046
Pagini: 504
Dimensiuni: 156 x 234 mm
Greutate: 0.69 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
Develops a theoretical framework to look at the role and value of legal fictions, metaphors, hypothetical narratives and personification in legal thought
Notă biografică
Maksymilian Del Mar is Professor of Legal Theory and Legal Humanities at Queen Mary University of London, UK.
Cuprins
Introduction I. The Claim II. The Story of a Project III. Limits and Scope of this Book IV. The Painting on the Cover Part I: Models 1. Inquiry I. Beyond the Dichotomy of Justification and Discovery II. Social: Interactive and Collective III. Diachronic IV. Experimental V. Normative 2. Artefacts I. Rhetoric II. Cognitive Humanities III. Fictionality IV. Signalling Artifice V. Calling on us to Participate 3. Imagination I. Approaching Imagination II. Entering a Distinctive Epistemic Frame III. Varieties of Participation I: Affective IV. Varieties of Participation II: Sensory V. Varieties of Participation III: Kinesic 4. Enabling Inquiry I. The Four Case Studies II. Enabling Inquiry I: Individual III. Enabling Inquiry II: Social Part II: Case Studies 5. Fictions I. Approaching Fictions II. Fictions of Causation 6. Metaphors I. Approaching Metaphors II. Of Trees and Mistresses 7. Figures I. Approaching Figures II. The Officious Bystander 8. Scenarios I. Approaching Scenarios II. The Expert Abroad - Or in Hong Kong Conclusion I. Legal Techne: Couplings of Form and Cognition II. The Variability of Artefacts and Imagination III. Kinesic Legal Theory and History IV. The Politics of Artefacts and Imagination V. Varieties of Play in Legal Education
Recenzii
The book displays an extraordinary breadth of learning, fully living up to its interdisciplinary aspirations. But this is not just interdisciplinarity for its own sake. Del Mar works with an astoundingly rich array of intellectual resources to advance his own carefully thought-through positions.
Maks Del Mar's book brings us back, by a long, learned route, to the human intuitions of adjudication, reminding us that judging is experimental and flawed, a blending of the conscious and the unconscious, a private act expressed in public, shared language, with effects that can be measured only over time in controversies not yet begun or envisioned ... Del Mar gives us quizzing glasses for viewing those stylized performances and for following their momentous, prosaic consequences, over time, in the common law.
Artefacts of Legal Inquiry is a book of impressive interdisciplinary scope. It seeks to bring into salience aspects of thinking and reading-imagination, metaphor, narrative, affect, sensory and motor response-too often regarded as irrelevant to the high rational ambitions of legal thought and practice. It deserves to be taken seriously by specialists in legal studies, but it will make a significant impact too on literary studies and on cognitive studies in general.
This hugely ambitious and imaginative study breaks new ground in understanding the rhetorical and affective underpinnings of common-law reasoning. Drawing on a range of interdisciplinary tools from rhetoric, cognitive literary theory, philosophy, jurisprudence and the close study of case law, Maksymilian Del Mar illuminates the role of fictions, metaphors, figures and scenarios in at once enabling and setting the epistemic limits of practices of judicial inquiry.
Del Mar's book is a strikingly original exploration of the complex activity of judging and the modes of reasoning typically employed in law. His approach transcends the conventional limits of the study of adjudication and offers a wealth of fresh and invaluable insights into modes, patterns and practices of legal reasoning. Focusing on the use of "artefacts" of inquiry, e.g. fictions and metaphors, Del Mar offers a compelling argument for indispensable role and value of imagination in legal reasoning. Especially noteworthy is his extended discussion of the interactive, collaborative and diachronic character of legal reasoning.
Artefacts of Legal Inquiry foregrounds the difficulty of doing justice in adjudication, emphasizing the contingencies and inadequacies of available linguistic resources. Del Mar argues that the use of linguistic artefacts - devices such as fictions, metaphors, figures, and scenarios - both highlights the lacunae in literal assertive language, and provides ways to (tentatively and provisionally) alleviate the problems that result. Such devices, he maintains, are not regrettable crutches, but powerful epistemic tools. Although his focus is adjudication, his argument extends to make a powerful case for the importance of artefacts in all areas of inquiry.
Artefacts of Legal Inquiry is a genuine tour de force. Drawing on legal scholarship as well as on philosophy, psychology, and literary theory, Maks Del Mar develops a comprehensive theory of the practice of inquiry and then applies it brilliantly in the second half of the book to case studies ranging from legal fictions to metaphors. This important and wide-ranging book will undoubtedly be of great value not only to legal scholars and jurists but also to philosophers, and especially to philosophers interested in imagination. The account of imagination that Del Mar puts forth - one that sees it as a participatory way of exploring a distinctive epistemic frame - opens up exciting new avenues for research.
Artefacts of Legal Inquiry is a remarkable accomplishment. It shows what intellectual curiosity, academic innovative thinking, and impeccable scholarship can achieve. In it, Maksymilian Del Mar brings together with great clarity a vast number of issues, offering an original perspective on inquiry in adjudication.
With remarkable care and rigour, Maks Del Mar brings readers into the realm of adjudication and invites them (especially in the second part of the book) to play with him by exploiting their imaginations . a fascinating read that provides food for thought.
Maks Del Mar's book brings us back, by a long, learned route, to the human intuitions of adjudication, reminding us that judging is experimental and flawed, a blending of the conscious and the unconscious, a private act expressed in public, shared language, with effects that can be measured only over time in controversies not yet begun or envisioned ... Del Mar gives us quizzing glasses for viewing those stylized performances and for following their momentous, prosaic consequences, over time, in the common law.
Artefacts of Legal Inquiry is a book of impressive interdisciplinary scope. It seeks to bring into salience aspects of thinking and reading-imagination, metaphor, narrative, affect, sensory and motor response-too often regarded as irrelevant to the high rational ambitions of legal thought and practice. It deserves to be taken seriously by specialists in legal studies, but it will make a significant impact too on literary studies and on cognitive studies in general.
This hugely ambitious and imaginative study breaks new ground in understanding the rhetorical and affective underpinnings of common-law reasoning. Drawing on a range of interdisciplinary tools from rhetoric, cognitive literary theory, philosophy, jurisprudence and the close study of case law, Maksymilian Del Mar illuminates the role of fictions, metaphors, figures and scenarios in at once enabling and setting the epistemic limits of practices of judicial inquiry.
Del Mar's book is a strikingly original exploration of the complex activity of judging and the modes of reasoning typically employed in law. His approach transcends the conventional limits of the study of adjudication and offers a wealth of fresh and invaluable insights into modes, patterns and practices of legal reasoning. Focusing on the use of "artefacts" of inquiry, e.g. fictions and metaphors, Del Mar offers a compelling argument for indispensable role and value of imagination in legal reasoning. Especially noteworthy is his extended discussion of the interactive, collaborative and diachronic character of legal reasoning.
Artefacts of Legal Inquiry foregrounds the difficulty of doing justice in adjudication, emphasizing the contingencies and inadequacies of available linguistic resources. Del Mar argues that the use of linguistic artefacts - devices such as fictions, metaphors, figures, and scenarios - both highlights the lacunae in literal assertive language, and provides ways to (tentatively and provisionally) alleviate the problems that result. Such devices, he maintains, are not regrettable crutches, but powerful epistemic tools. Although his focus is adjudication, his argument extends to make a powerful case for the importance of artefacts in all areas of inquiry.
Artefacts of Legal Inquiry is a genuine tour de force. Drawing on legal scholarship as well as on philosophy, psychology, and literary theory, Maks Del Mar develops a comprehensive theory of the practice of inquiry and then applies it brilliantly in the second half of the book to case studies ranging from legal fictions to metaphors. This important and wide-ranging book will undoubtedly be of great value not only to legal scholars and jurists but also to philosophers, and especially to philosophers interested in imagination. The account of imagination that Del Mar puts forth - one that sees it as a participatory way of exploring a distinctive epistemic frame - opens up exciting new avenues for research.
Artefacts of Legal Inquiry is a remarkable accomplishment. It shows what intellectual curiosity, academic innovative thinking, and impeccable scholarship can achieve. In it, Maksymilian Del Mar brings together with great clarity a vast number of issues, offering an original perspective on inquiry in adjudication.
With remarkable care and rigour, Maks Del Mar brings readers into the realm of adjudication and invites them (especially in the second part of the book) to play with him by exploiting their imaginations . a fascinating read that provides food for thought.