This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. (...) Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces - time, law, art - lies a way of not only understanding the world, but also transforming it. (shrink)

The relationship between tort law jurisprudence and the ethics and phenomenology of Emmanuel Levinas.

In times of transition and transformation, legal images metastasize. This idea can be usefully related both to Winnicott’s theory of transitional objects and Barthes’ theory of myth. But each tell only part of the full story. Barthes fails to fully account for the stabilizing effect of the reassuring signifier; Winnicott fails to fully account for the ideological adaptability—and implications—of the shifting signified. The legal image unites the iterability of the signifier and the polysemy of the signified, harnessing the affective intensity (...) of the former to the cultural mobility of the latter. In this article, I propose to illustrate this insight by reflecting on two notable images of law that appeared at a moment of profound legal transformation, at the dawn of the early modern era. The images of ‘blind justice’ and ‘sol justitiae’ which the article discusses are both ‘transitional myths’, facilitating through modes of affect a legal journey into uncharted territory. Paying attention to these images and above all to their transformation over time, we can observe not only the process of legal transition at work, but the function of the image in its authorization and modalization. (shrink)

Emmanuel Levinas was one of the great writers on ethics of the 20th century. Now for the first time, this collection starts to think through exactly what challenges and problems are posed once we try to apply Levinas' ideas about ethics to law. Essays on Levinas and Law: A Mosaic injects Levinas' provocative thought right into the heart of living law, radically changing our understanding of both. It features a broad sweep of essays ranging from critical reflections on the connection (...) between ethics and justice, to specific discussions of the effect that Levinas' ideas might have on our thinking about immigration, or international law, or political identity, or justice. For those interested in philosophy and ethics, this book insists that our legal institutions are not a dirty little secret but a crucial realm in which to test our ideas. For those interested in law, this book insists that ethics is not a dirty little secret but a crucial realm by which to assess our structures and policies. For all interested readers, Essays on Levinas and Law does not intend to fulfill a need but to awaken one. (shrink)

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by the plays (...) of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)