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Judging from Experience: Law, Praxis, Humanities


ISBN13: 9781474442497
Published: November 2020
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £24.99
Hardback edition , ISBN13 9781474442480



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

  • Subjects:
    Law and Literature
    Contents:
    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.