Judging from Experience
Law, Praxis, Humanities
Published on 10. November 2020
Book
Paperback/Softback
320 pages
978-1-4744-4249-7 (ISBN)
Description
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Reviews / Votes
This fascinating volume examines how far we have come in the law and literature debate and considers the influence of technology in law. Being a judge, Gaakeer interrogates herself on how to judge equitably, setting herself between empathy and objectivity, respect for the human being and the use of the latest tools in legal investigation. -- Daniela Carpi, University of Verona A law-and-literature must! Judging from Experience argues for the centrality of law and literature to the task of speaking justice. Jeanne Gaakeer provides a methodology to law and literature based on her practical experience as a criminal law justice and her extraordinary erudition in legal hermeneutics, philosophy, narratology, and literature. -- Greta Olson, University of Giessen, Germany This wonderful book-learned, wise, and witty-provides a new and deep foundation, in history and theory alike, for the whole field of law and literature, and especially for its claim that no legal education is complete without the humanistic study of law . Brava! -- James Boyd White, University of MichiganMore details
Series
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
Professional and scholarly
Illustrations
2 black and white illustrations
Dimensions
Height: 155 mm
Width: 234 mm
Thickness: 22 mm
Weight
512 gr
ISBN-13
978-1-4744-4249-7 (9781474442497)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Jeanne Gaakeer is Professor Emerita of Jurisprudence: Hermeneutical and Narrative Foundations, at Erasmus School of Law, Erasmus University Rotterdam, the Netherlands, and retired senior justice at the Court of Appeal, the Hague, the Netherlands.
Content
Preface; Acknowledgements; Part I: The Enchantment of Knowledge: Fact and Fiction in Law and Literature; 1. The Enchantment of Knowledge and Its Apotheosis: Gustave Flaubert's Bouvard and Pecuchet; 2. A Raid on the Inarticulate; 3. Explanation or Understanding: Language and Interdisciplinarity; 4. Understanding Fact and Fiction in Robert Musil's The Man without Qualities; 5. Poetry That Does Not Fade: Gerrit Achterberg's Experience with Law and Forensic Psychiatry; Part II: Iuris Prudentia or Insightful Knowledge of Law; 6. Practical Knowledge: Facts, Norms and Phronesis; 7. Metaphor and (Dis)belief; 8. Narrative Intelligence: Empathy, Mimesis and the Equitable; 9. Towards a Legal Narratology I: Probability, Fidelity, and Plot; 10. Towards a Legal Narratology II: Implications and Pathologies; Part III: The Perplexity of Judges; 11. Empathy Revisited: Who's in Narrative Control?; 12. Person and Poiesis in Technology and Law: Questioning Builds a Way; 13. Control, Alt, Delete? Information Technology and the Human; Coda; Bibliography; Index.