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Law and Imagination in Troubled Times: A Legal and Literary Discourse

Edited by: Richard Mullender, Matteo Nicolini, Thomas D.C. Bennett, Emilia Mickiewicz

ISBN13: 9780367493448
Published: February 2022
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £36.99

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This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’

Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability.

The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future.

The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.

Law and Society
Chapter 1. Legal Imagination in Trouble Times: An Introduction
Part One - Imagination, Law, and History: Framing the Future
Chapter 2. The Progress of Legal Education in England
Chapter 3. The Dragon in the Cave: Fleta as a Legal Imagining of Early English Common Law
Chapter 4. The Apotheosis of King Charles I
Part Two - The Courts and the Legal Imagination
Chapter 5. Pathologies of Imagination and Legitimacy of Judicial Decision Making
Chapter 6. Law and Belief: The Reality of Judicial Interpretation
Chapter 7. Legal Imagination or an Extra-Legal Hoax: On Storytelling, Friends of the Court and Crossing Legal Boundaries in the US Supreme Court
Part Three - Thought, Stylistics and Discourse
Chapter 8. The French Revolution and the Programmatic Imagination: Hilary Mantel on Law, Politics, and Misery
Chapter 9. Internal Coherence and the Possibility of Judicial Integrity
Chapter 10. Legal Humanism: ‘Stylistic Imagination’ and the Making of Legal Traditions
Part Four - The Future of the Legal Imagination
Chapter 11. Depicting the End of the American Frontier: Some Thoughts on Larry McMurtry’s Lonesome Dove Series
Chapter 12. Coleridge’s Dystopia and the Optics of Law
Chapter 13. Against the Failure of the Legal Imagination. Literary Narratives, Brexit and the Sort of the Anglo-British Constitution

Series: Law, Language and Communication

Social Media in Legal Practice ISBN 9780367347727
Published October 2020
The Analysis of Legal Cases: A Narrative Approach ISBN 9780415788939
Published July 2019
Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence (eBook)
Edited by: Sarah Marusek
ISBN 9781317047254
Published November 2016
Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence
Edited by: Sarah Marusek
ISBN 9781472482952
Published November 2016