Judging from Experience: Law, Praxis, Humanities

Jeanne Gaakeer

2018年12月 · Edinburgh University Press

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A unique application of philosophical hermeneutics, literary theory and narratology to the practice of judgingCombining her expertise in legal theory and her judicial practice in criminal law in a Court of Appeal, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice.This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works, Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.Key FeaturesFocuses on the importance of judging for the humanities Combines legal theory and legal practice to show the importance of the bond of theory and practice in law and legal theory Incorporates the findings of philosophical hermeneutics and narratology for our continued thought on the position of law and literature, and law and the humanities as interdisciplinary movementsCreates philosophical-hermeneutical building blocks for a methodology for the humanistic study of law as praxisReflects on interdisciplinarity in legal studies against a backdrop of the tension between the natural sciences and the humanitiesLiterary case studies include: Gustave Flaubert's Bouvard and PécuchetRobert Musil's The Man without QualitiesDutch poet Gerrit Achterberg's asylum poemsPat Barker's RegenerationJohn Coetzee's DisgraceIan McEwan's The Children ActMichel Houellebecq's AtomisedJuli Zeh's The Method.

作者简介

Jeanne Gaakeer is Senior Justice in the Criminal Law section of the Court of Appeal in The Hague, Professor of Legal Theory and Chair of Jurisprudence at the Erasmus School of Law, Erasmus University Rotterdam.