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The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
This book is the first book to look closely and critically at the history of images of law.
It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control. Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.
This book examines how science fiction informs the legal imagination of technological futures. Science fiction, the contributors to this book argue, is a storehouse of images, tropes, concepts and memes that inform the legal imagination of the future, and in doing so generate impetus for change. Specifically, the contributors examine how science fictions imagine human life in space, in the digital and as formed and negotiated by corporations. They then connect this imaginary to how law should be understood in the present and changed for the future. Across the chapters, there is an urgent sense of the need for law – as it is has been, and as it might become – to order and safeguard the future for a multiplicity of vulnerable entities. This book will appeal to scholars and students with interests in law and technology, legal theory, cultural legal studies and law and the humanities.
The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations in paintings, statues, drawings, tapestries, prints and books on the other.
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
What are the implications of comics for law? Tackling this question, On Comics and Legal Aesthetics explores the epistemological dimensions of comics and the way this once-maligned medium can help think about – and reshape – the form of law. Traversing comics, critical, and cultural legal studies, it seeks to enrich the theorisation of comics with a critical aesthetics that expands its value and significance for law, as well as knowledge more generally. It argues that comics’ multimodality – its hybrid structure, which represents a meeting point of text, image, reason, and aesthetics – opens understanding of the limits of law’s rational texts by shifting between multiple frames and modes of presentation. Comics thereby exposes the way all forms of knowledge are shaped out of an unstructured universe, becoming a mask over this chaotic ‘beyond’. This mask of knowing remains haunted – by that which it can never fully capture or represent. Comics thus models knowledge as an infinity of nested frames haunted by the chaos without structure. In such a model, the multiple aspects of law become one region of a vast and bottomless cascade of perspectives – an infinite multiframe that extends far beyond the traditional confines of the comics page, rendering law boundless.
Productive Digression is a translation of the ancient term poetics: as a practice of theory. The products produced in the mode of poiesis are ‘digressive’ in that they operate off track; they resist the main stream of every day prose. They do so for various reasons and in various respects. Mostly, they are explained historically, relative to historical contexts and, that is, contrary to what they are meant to resist. Instead, this book investigates the modes of resistance, their epistemology of production, in short, the logic of digression. The method addresses the singular exemplarity of art and literature; it elucidates the impact of poiesis as an epistemological challenge and redefines the analysis of literature and art as branches of an Historical Epistemology. Proceeding from the state of affairs in 20th century criticism and aesthetics (Benjamin, Adorno, Blumenberg, Merleau-Ponty), the epistemology of representation (Whitehead, Canguilhem, Bachelard, Rheinberger) is revised in, and with respect to critical consequences (Derrida, Marin, de Man, Agamben). From literary criticism and critical legal studies to the scenario of the life sciences, the essays collected here redirect the logic of research towards the epistemological grounds of an aesthetics underneath the hermeneutics of every day life.
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
This book draws on a range of theoretical frameworks to challenge the limited conception of subjectivity upon which human rights are based. The book focuses on some of the ways in which dominant discourses are in tension with human rights’ fundamental claim to universality by ignoring multiple ways of being. Different theoretical and methodological approaches are used to analyse this creation of exclusions. These include Hannah Arendt’s figure of the refugee, posthumanist critiques and non-Western critical theories such as Black, Indigenous and decolonial approaches. Often these approaches are used in isolation, but together they reveal how the dominant concept of subjectivity has always needed an ‘Other’ and that the ‘human’ at the heart of human rights is not a universal concept. The book also pursues an analysis of visual discourses in the field of international human rights, with a focus on the ways in which exclusions are represented and entrenched through the visual. It argues that international human rights are based on a vision-centred sensorium and certain processes of reasoning that exclude emotions. Finally, the book considers how international human rights could embrace other forms of thinking and being in the world and recognize different sensory experiences. This original perspective on the limits of human rights will appeal to legal theorists, socio-legal scholars, and others working in politics, sociology, anthropology and cultural studies with an interest in contemporary approaches to social justice and critical approaches.