Winner of the 2022 Commendation for Excellence by the International
Association for Legal and Social Philosophy (IVR). What is the value
of fictions, metaphors, figures and scenarios in adjudication? This
book develops three models to help answer that question: inquiry,
artefacts and imagination. Legal language, it is argued, contains
artefacts – forms that signal their own artifice and call upon us to
do things with them. To imagine, in turn, is to enter a distinctive
epistemic frame where we temporarily suspend certain epistemic norms
and commitments and participate actively along a spectrum of
affective, sensory and kinesic involvement. The book argues that
artefacts and related processes of imagination are valuable insofar as
they enable inquiry in adjudication, ie the social (interactive and
collective) process of making insight into what values,
vulnerabilities and interests might be at stake in a case and in
similar cases in the future. Artefacts of Legal Inquiry is structured
in two parts, with the first offering an account of the three models
of inquiry, artefacts and imagination, and the second examining four
case studies (fictions, metaphors, figures and scenarios). Drawing on
a broad range of theoretical traditions – including philosophy of
imagination and emotion, the theory and history of rhetoric, and the
cognitive humanities – this book offers an interdisciplinary defence
of the importance of artefactual language and imagination in
adjudication.
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The Value of Imagination in Adjudication
Produktdetaljer
ISBN
9781509936182
Publisert
2020
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter