Judging from Experience
Law, Praxis, Humanities
Published on 19. December 2018
318 pages
978-1-4744-4250-3 (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.
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01/2019
Edinburgh University Press
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Content
- Intro
- Judging from Experience
- Copyright
- Contents
- Acknowledgements
- Introduction
- 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 Pécuchet
- 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 Phronèsis
- 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
