Jeanne Gaakeer
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781474442480
- eISBN:
- 9781474460286
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474442480.001.0001
- Subject:
- Law, Philosophy of Law
Judging from Experience forms part of Law and Literature and/or, more broadly, Law and Humanities, the interdisciplinary movement in legal theory that focuses on the various bonds of law, language ...
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Judging from Experience forms part of Law and Literature and/or, more broadly, Law and Humanities, the interdisciplinary movement in legal theory that focuses on the various bonds of law, language and literature. The book presents a view on law as a humanistic discipline. It demonstrates the importance for academic legal theory and legal practice of a iuris prudentia as insighful knowledge of law that helps develop the practitioner’s practical wisdom. In doing so it builds on insights from philosophical hermeneutics ranging from Aristotle to Ricoeur. The building blocks it proposes for law as praxis are indicative of a methodological reflection on interdisciplinary studies in law and the humanities and of the development of legal narratology.The book engages with literary works such as Flaubert’s Bouvard and Pécuchet, Musil’s The Man without Qualities, and McEwan’s The Children Act to illuminate its arguments and offer a specific European perspective on the topics discussed.
The author combines her understanding of legal theory and judicial practice in a continental-European civil-law system, and, within it, in the field of criminal law, to propose a perspective on law as part of the humanities that can inspire both legal professionals and advanced students of law. Thus the book is also a reflection of the author’s combined passions of judicial practice and Law and Literature.Less
Judging from Experience forms part of Law and Literature and/or, more broadly, Law and Humanities, the interdisciplinary movement in legal theory that focuses on the various bonds of law, language and literature. The book presents a view on law as a humanistic discipline. It demonstrates the importance for academic legal theory and legal practice of a iuris prudentia as insighful knowledge of law that helps develop the practitioner’s practical wisdom. In doing so it builds on insights from philosophical hermeneutics ranging from Aristotle to Ricoeur. The building blocks it proposes for law as praxis are indicative of a methodological reflection on interdisciplinary studies in law and the humanities and of the development of legal narratology.The book engages with literary works such as Flaubert’s Bouvard and Pécuchet, Musil’s The Man without Qualities, and McEwan’s The Children Act to illuminate its arguments and offer a specific European perspective on the topics discussed.
The author combines her understanding of legal theory and judicial practice in a continental-European civil-law system, and, within it, in the field of criminal law, to propose a perspective on law as part of the humanities that can inspire both legal professionals and advanced students of law. Thus the book is also a reflection of the author’s combined passions of judicial practice and Law and Literature.
Kathryn D. Temple
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479895274
- eISBN:
- 9781479832637
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479895274.003.0001
- Subject:
- Law, Legal History
This chapter establishes Blackstone's prominence, discusses his influence on Enlightenment thought about law and justice, and reveals his investment in legal emotions as related to harmonic justice. ...
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This chapter establishes Blackstone's prominence, discusses his influence on Enlightenment thought about law and justice, and reveals his investment in legal emotions as related to harmonic justice. In a reading of his early poem “The Lawyer's Farewel,” it introduces Blackstone's poetics and illustrates methods of both close and surface reading common to literary analysis. The chapter argues that although Blackstone has been the subject of historical study, both Law and Humanities and history of emotions approaches can further illuminate Blackstone's method and impact. The chapter argues for a curatorial approach to Blackstone's work that takes into account his exercise of affective aesthetics and its impact on the history of emotions in law. It closes with a summary of the chapters to come and an argument in favor of foregrounding aesthetics and emotion in legal studies.Less
This chapter establishes Blackstone's prominence, discusses his influence on Enlightenment thought about law and justice, and reveals his investment in legal emotions as related to harmonic justice. In a reading of his early poem “The Lawyer's Farewel,” it introduces Blackstone's poetics and illustrates methods of both close and surface reading common to literary analysis. The chapter argues that although Blackstone has been the subject of historical study, both Law and Humanities and history of emotions approaches can further illuminate Blackstone's method and impact. The chapter argues for a curatorial approach to Blackstone's work that takes into account his exercise of affective aesthetics and its impact on the history of emotions in law. It closes with a summary of the chapters to come and an argument in favor of foregrounding aesthetics and emotion in legal studies.
Kathryn D. Temple
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479895274
- eISBN:
- 9781479832637
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479895274.001.0001
- Subject:
- Law, Legal History
How do people develop loyalty to the legal system they inhabit? This book focuses on legal emotions in William Blackstone's transformative, bestselling Commentaries on the Laws of England (1765–69), ...
More
How do people develop loyalty to the legal system they inhabit? This book focuses on legal emotions in William Blackstone's transformative, bestselling Commentaries on the Laws of England (1765–69), a collection of volumes that deeply impacted English legal culture and became an icon for English common law values across the British Empire. Blackstone, not only a lawyer and judge, but a poet who believed that “the only true and natural foundations of society are the wants and fears of individuals,” was ideally situated to condense English law into a form that evoked emotions. Using a history of emotions and Law and Humanities approach, the book argues that in enlisting an affective aesthetics to invoke emotions such as desire, disgust, melancholia, embarrassment, terror, tenderness, and happiness, Blackstone encouraged readers to feel as much as reason their way to justice in ways that have continued to influence the Western world. This book treats the Commentaries—reinterpreted here in affective, aesthetic, and real-world contexts—as offering a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice and is crucial for understanding both justice and injustice today.Less
How do people develop loyalty to the legal system they inhabit? This book focuses on legal emotions in William Blackstone's transformative, bestselling Commentaries on the Laws of England (1765–69), a collection of volumes that deeply impacted English legal culture and became an icon for English common law values across the British Empire. Blackstone, not only a lawyer and judge, but a poet who believed that “the only true and natural foundations of society are the wants and fears of individuals,” was ideally situated to condense English law into a form that evoked emotions. Using a history of emotions and Law and Humanities approach, the book argues that in enlisting an affective aesthetics to invoke emotions such as desire, disgust, melancholia, embarrassment, terror, tenderness, and happiness, Blackstone encouraged readers to feel as much as reason their way to justice in ways that have continued to influence the Western world. This book treats the Commentaries—reinterpreted here in affective, aesthetic, and real-world contexts—as offering a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice and is crucial for understanding both justice and injustice today.
