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Vol 25 No 1 Jan/Feb 2020

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Artefacts of Legal Inquiry: The Value of Imagination in Adjudication

Edited by: Maksymilian Del Mar

ISBN13: 9781849468138
To be Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

What is the role and value of legal fictions, metaphors, hypothetical narratives and personification in legal thought? This book develops a theoretical framework to answer that question. Legal language, it is argued, contains artefacts - fabricated forms that capture our attention by signaling their own artifice and invite us to imagine. To imagine, in turn, is to enter into a distinct epistemic frame where we temporarily suspend certain epistemic commitments and participate actively along a spectrum of affective, sensory and kinetic involvement.

The artefacts of legal language and related processes of imagination are crucial to legal thought at many levels, including the level of the individual judge, the level of interaction in the courtroom, and the level of the resourcefulness of law over time. Drawing on a broad range of theoretical traditions - including philosophy of imagination and emotion, the theory and history of rhetoric, and cognitive literary studies - this book offers an interdisciplinary model and defence of the importance of imagination in adjudication. The book also situates the model of artefacts and related processes of imagination in the history of twentieth century theories of legal reasoning and offers resources and activities for the education of imagination in law schools.

I. The Claim
II. The Story of a Project
III. Limits and Scope of this Book
IV. The Painting on the Cover
Part I: Models
1. Inquiry
I. Beyond the Dichotomy of Justification and Discovery
II. Social: Interactive and Collective
III. Diachronic
IV. Experimental
V. Normative
2. Artefacts
I. Rhetoric
II. Cognitive Humanities
III. Fictionality
IV. Signalling Artifice
V. Calling on us to Participate
3. Imagination
I. Approaching Imagination
II. Entering a Distinctive Epistemic Frame
III. Varieties of Participation I: Affective
IV. Varieties of Participation II: Sensory
V. Varieties of Participation III: Kinesic
4. Enabling Inquiry
I. The Four Case Studies
II. Enabling Inquiry I: Individual
III. Enabling Inquiry II: Social
Part II: Case Studies
5. Fictions
I. Approaching Fictions
II. Fictions of Causation
6. Metaphors
I. Approaching Metaphors
II. Of Trees and Mistresses
7. Figures
I. Approaching Figures
II. The Officious Bystander
8. Scenarios
I. Approaching Scenarios
II. The Expert Abroad – Or in Hong Kong
I. Legal Techne: Couplings of Form and Cognition
II. The Variability of Artefacts and Imagination
III. Kinesic Legal Theory and History
IV. The Politics of Artefacts and Imagination
V. Varieties of Play in Legal Education