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Judging from Experience: Law, Praxis, Humanities

Judging from Experience: Law, Praxis, Humanities

  • Author:
  • Publisher: Edinburgh University Press
  • ISBN: 9781474442497
  • Published In: November 2020
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781474442480
HKD 350.88
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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  • Description 
  • Contents 

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A unique application of philosophical hermeneutics, literary theory and narratology to the practice of judging Combining her expertise in legal theory and her judicial practice in criminal law in a Court of Appeal, 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, Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.

Key Features:

  • Focuses on the importance of judging for the humanities
  • Combines legal theory and legal practice to show the importance of the bond of theory and practice in law and legal theory
  • Incorporates the findings of philosophical hermeneutics and narratology for our continued thought on the position of law and literature, and law and the humanities as interdisciplinary movements
  • Creates philosophical–hermeneutical building blocks for a methodology for the humanistic study of law as praxis, and
  • Reflects on interdisciplinarity in legal studies against a backdrop of the tension between the natural sciences and the humanities

    Literary case studies include:

    • Gustave Flaubert’s Bouvard and Pécuchet
    • Robert Musil’s The Man without Qualities
    • Dutch poet Gerrit Achterberg’s asylum poems
    • Pat Barker’s Regeneration
    • John Coetzee’s Disgrace
    • Ian McEwan’s The Children Act
    • Michel Houellebecq’s Atomised, and
    • Juli Zeh’s The Method
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 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.

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