Law and Imagination in Troubled Times


Book Description

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.




Citizenship, Law and Literature


Book Description

This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.




The Fear of Erring


Book Description




Constitutional Semiotics


Book Description

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.




The Legal Imagination


Book Description

White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal




Hard Times


Book Description

Despite the title, Dickens’s portrayal of early industrial society here is less relentlessly grim than that in novels by contemporaries such as Elizabeth Gaskell or Charles Kingsley. Hard Times weaves the tale of Thomas Gradgrind, a hard-headed politician who raises his children Louisa and Tom without love, of Sissy the circus girl with love to spare who is deserted and adopted into their family, and of the honest mill worker Stephen Blackpool and the bombastic mill owner Josiah Bounderby. The key contrasts created are finally less those between wealth and poverty, or capitalists and workers, than those between the head and the heart, between “Fact”—the cold, rationalistic approach to life that Dickens associates with utilitarianism—and “Fancy”—a warmth of the imagination and of the feelings, which values individuals above ideas. Concentrated and compressed in its narrative form, Hard Times is at once a fable, a novel of ideas, and a social novel that seeks to engage directly and analytically with political issues. The central conflicts raised in the text, between government’s duty not to intervene to guarantee the liberty of the subject, and between quantitative and qualitative assessments of progress, remain unresolved today in the late or post industrial stages of liberal democracies.




Legal Geography


Book Description

This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.




The Law in Graphic Narratives


Book Description

Comics, manga and anime can offer an interesting perspective from which to explore representations of the law in popular culture. This book offers a better understanding of the juridical subtexts of such cultural artefacts by bringing together scholars in legal theory and comparative and international law. While the contributions in the first part of the volume unpack the relationships between normative systems (law and morality above all) in graphic narratives by Marvel (Daredevil) and DC heroes (Batman), the second part of the volume looks at the role played by law and lawyers in different legal systems through case studies such as She Hulk. Finally, the last part focusses on the role of international law in the comic (multi)universe and in Japanese animation movies such as Porco rosso). This collection extends research into comics beyond Anglo-American culture, which is still hegemonic in this literature, and makes it possible to read the legal phenomena dealt with in the pop culture products analysed through a lens other than that of Anglo-American law.




Law, Language and the Courtroom


Book Description

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.




Looking After Miss Alexander


Book Description

In July 1939, at the Royal Courts of Justice in London, fifty-nine-year-old Beatrice Alexander was found incapable of managing her own property and affairs. Although Alexander and those living with her insisted that she was perfectly well, the official solicitor took control of her home and money, evicted her “friends,” and hired a live-in companion to watch over her. Alexander remained legally incapable for the next thirty years. In the mid-twentieth century, Alexander was one of about thirty thousand people in England and Wales who were, at any time, legally “incapable” and under the auspices of what is now the Court of Protection. Focusing on the period between the 1920s and the 1960s, Looking After Miss Alexander explains the workings of the court, using Alexander’s unusual case to consider the complexities of this aspect of mental health law. Drawing on Court of Protection archives – some of which were made publicly available for the first time in 2019 – and micro-historical methods, Janet Weston also highlights the role of chance, subjectivity, and uncertainty in shaping how events unfolded then, and the stories we tell about those events today. An engaging and accessible history of mental capacity law, Looking After Miss Alexander examines ideas of citizenship and welfare, gender and vulnerability, care and control, and the role of the state. It also offers reflections on historical research and writing itself.