Jeanne Gaakeer
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781474442480
- eISBN:
- 9781474460286
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474442480.003.0010
- Subject:
- Law, Philosophy of Law
Chapter 9 continues the search for a humanities-inspired methodology for law. It emphasises the need for conceptual clarity when it comes to incorporating the findings of narratology into law and ...
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Chapter 9 continues the search for a humanities-inspired methodology for law. It emphasises the need for conceptual clarity when it comes to incorporating the findings of narratology into law and legal theory, because the term “narrative” is an umbrella concept in literary theory. As a consequence the goals, impact and status of narratology remain undecided and that affects its interdisciplinary uses. On the basis of this book’s concept of narrative intelligence and on the view that the act of judicial emplotment and application requires a new narratology, this chapter re-engages with the topic of mimesis and suggests that the first three topics to be included when considering the development of a legal narratology are probability and fidelity as analysed by Walter Fisher, and plot in the sense given to it by Peter Brooks.Less
Chapter 9 continues the search for a humanities-inspired methodology for law. It emphasises the need for conceptual clarity when it comes to incorporating the findings of narratology into law and legal theory, because the term “narrative” is an umbrella concept in literary theory. As a consequence the goals, impact and status of narratology remain undecided and that affects its interdisciplinary uses. On the basis of this book’s concept of narrative intelligence and on the view that the act of judicial emplotment and application requires a new narratology, this chapter re-engages with the topic of mimesis and suggests that the first three topics to be included when considering the development of a legal narratology are probability and fidelity as analysed by Walter Fisher, and plot in the sense given to it by Peter Brooks.
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 ...
More
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.
