Fables of the Law

Fairy Tales in a Legal Context
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ISBN-13:
9783110494723
Einband:
Buch
Erscheinungsdatum:
20.10.2016
Seiten:
455
Autor:
Daniela Carpi
Gewicht:
797 g
Format:
236x156x30 mm
Serie:
13, Law & Literature
Sprache:
Englisch
Beschreibung:

The interdisciplinary series "Law & Literature" takes a systematic look at the correlation between literature and the law. The studies presented in this series analyze the complex interrelation between two cultural spheres which are not only at the basis of Western Culture and Society, but share in a common focus on texts. Bringing together contributions by jurists, historians of law, legal philosophers, and specialists in literary and cultural studies, this series reflects a trend in current inter- and transdisciplinary research which has recently shown rapid growth both in Europe and the United States.
The latest development concerning the metaphorical use of the fairy tale is the legal perspective. The law had and has recourse to fairy tales in order to speak of the nomos and its subversion, of the politically correct and of the various means that have been used to enforce the law. Fairy tales are a fundamental tool to examine legal procedures and structures in their many failings and errors. Therefore, we have privileged the term "fables" of the law just to stress the ethical perspective: they are moral parables that often speak of justice miscarried and justice sought.Law and jurists are creators of "fables" on the view that law is born out of the facts (ex facto ius oritur) so that there is a need for narrative coherence both on the level of the case and the level of legislation (or turned the other way around: what does it mean if no such coherence is found?). This is especially of interest given the influx of all kinds of new technologies that are "fabulous" in themselves and hard to incorporate in traditional doctrinal schemes and thus in the construction of a new reality.