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.
Legal Imagination in Trouble Times: An Introduction;
Part One - Imagination, Law, and History: Framing the Future;
The Progress of Legal Education in England;
The Dragon in the Cave: Fleta as a Legal Imagining of Early English Common Law;
The Apotheosis of King Charles I;
Part Two - The Courts and the Legal Imagination;
Pathologies of Imagination and Legitimacy of Judicial Decision Making;
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;
The French Revolution and the Programmatic Imagination: Hilary Mantel on Law, Politics, and Misery;
Internal Coherence and the Possibility of Judicial Integrity;
Legal Humanism: ‘Stylistic Imagination’ and the Making of Legal Traditions;
Part Four - The Future of the Legal Imagination
Depicting the End of the American Frontier: Some Thoughts on Larry McMurtry’s Lonesome Dove Series;
Coleridge’s Dystopia and the Optics of Law;
Against the Failure of the Legal Imagination. Literary Narratives, Brexit and the Sort of the Anglo-British Constitution;
This series encourages innovative and integrated perspectives within and across the boundaries of law, language and communication, with particular emphasis on issues of communication in specialized socio-legal and professional contexts. It seeks to bring together a range of diverse yet cumulative research traditions related to these fields in order to identify and encourage interdisciplinary research. The series welcomes proposals - both edited collections as well as single authored monographs - emphasizing critical approaches to law, language and communication, identifying and discussing issues, proposing solutions to problems, offering analyses in areas such as legal construction, interpretation, translation and de-codification.
Anne Wagner is Professor of Legal Semiotics and Research Professor at Centre de Recherche Droits & Perspectives du Droit, équipe René Demogue, Lille University, France. She is the Editor-in-Chief of the International Journal for the Semiotics of Law (Springer) and President of the International Roundtables for the Semiotics of Law. She has been awarded the National Research Grant for her research career. Her main research interests include semiotics, verbal and non-verbal sign system analyses, language and law, legal culture and heritage, legal translation, legal terminology, and legal discourse studies.
Vijay K. Bhatia, formerly Professor of English, City University of Hong Kong, is now Adjunct Professor at Chinese University of Hong Kong, and Visiting Professor at the Hellenic American University, Athens (Greece). He is also the founding President of the Languages for Specific Purposes and Professional Communication Association for Asia-Pacific. His research interests include Critical Genre Analysis, academic and professional discourses in legal, business, newspaper, and promotional contexts; ESP and Professional Communication; simplification of legal and other public documents; intercultural and cross-disciplinary variations in professional genres.