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dc.contributor.authorShaw, Julia J. A.en
dc.date.accessioned2017-03-16T13:53:00Z
dc.date.available2017-03-16T13:53:00Z
dc.date.issued2017-02-25
dc.identifier.citationShaw, J.J.A. (2017) Aesthetics of Law and Literary License: an anatomy of the legal imagination, 38(1) Liverpool Law review: a journal of contemporary legal and social policy issues, 38 (1), pp. 83-105en
dc.identifier.urihttp://hdl.handle.net/2086/13658
dc.descriptionThe file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.en
dc.description.abstractAs a normative discipline, law defines its territory according to simple categories which establish absolute principles purporting to offer a single truth as to what is just and unjust, right and wrong, good and bad. In addition, linguistic and extrasemantic devices such as synecdoche, metonymy, rhythm and metaphor serve a referential function with which to penetrate the collective consciousness. The core assumptions derived from the implementation of socio-linguistic mechanisms transform the nature of legal analysis and are embedded within a diverse interplay of meanings. Aesthetic imaginings are evidenced to underpin and sustain ‘law’s symbolic processes and doctrines, institutions and ideas; that is, a realm of limitless fantasy, of free-flowing nomological desire, fixed around, and fixated upon controlling images that condense its central juridical concepts’; as the ‘jurists follow their own poetic and aesthetic criteria, their own spectral laws’ (MacNeil in Novel judgments: legal theory as fiction. Routledge, Oxford, p 9, 2012; Goodrich in Legal emblems and the art of law: obiter depicta as the vision of governance. Cambridge University Press, Cambridge, p 155, 2013). Yet still, founded on the negation of its own history, legal practice maintains that juridical arguments comprise only dialectical reasoning about objectively determined concepts: ‘law is a literature which denies its literary qualities. It is a play of words which asserts an absolute seriousness; it is a genre of rhetoric which represses its moments of invention or fiction… it is procedure based upon analogy, metaphor and repetition [that] lays claim to being a cold or disembodied prose’ (Goodrich in Law in the courts of love: literature and other minor jurisprudences. Routledge, Oxford, p 112, 1996). This article will explore the continuing commitment of modern legal practice to particular aesthetic values and how these are crucially implicated in a variety of legal competencies including the formation of key legal concepts and general intellectual activity.en
dc.language.isoenen
dc.publisherSpringeren
dc.subjectLaw and Aestheticsen
dc.subjectsocial justiceen
dc.subjectlegal semioticsen
dc.subjectlegal theoryen
dc.titleAesthetics of Law and Literary License: an anatomy of the legal imaginationen
dc.typeArticleen
dc.identifier.doihttp://dx.doi.org/10.1007/s10991-017-9195-5
dc.researchgroupLaw and the Humanitiesen
dc.explorer.multimediaNoen
dc.funderN/Aen
dc.projectidN/Aen
dc.cclicenceCC-BY-NCen
dc.date.acceptance2017-01-25en
dc.researchinstituteCentre for Urban Research on Austerity (CURA)en


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