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Judging from Experience: Law, Praxis, Humanities
 
Product details:
ISBN13:9781474442497
ISBN10:1474442498
Binding:Paperback
No. of pages:320 pages
Size:234x156 mm
Weight:485 g
Language:English
Illustrations: 2 Illustrations, black & white
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Category:

Judging from Experience

Law, Praxis, Humanities
 
Edition number: 1
Publisher: Edinburgh University Press
Date of Publication:
 
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GBP 24.99
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Short 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.

Long 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.



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.

Table of 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 Phron?sis; 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.