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Book
Cultural legal studies
Authors: ---
ISBN: 1315755157 1317626265 1317626257 9781317626268 9781315755151 9781317626251 9781317626244 1317626249 9780815382201 0815382200 9781138801066 1138801062 Year: 2016 Publisher: Abingdon, Oxon

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Abstract

"What can popular cultures offer law, as a basis for critical practice? This introduction to the 'cultural legal studies' movement takes up this question as it presents a new encounter with the 'cultural turn' in law and legal theory. Moving beyond the 'law ands' (literature, humanities, culture, film) on which it is based, cultural legal studies aims to metamorphose law and the legalities that underpin its popular imaginary. To this end, the collection brings together leading scholars from Australia, Canada, the United Kingdom, and the United States. Presenting a long-overdue identification and framing of its scope, methodologies and practice, and drawing on three different modes of cultural legal studies - storytelling, technology and jurisprudence - the collection showcases the intersectional practices of cultural legal studies and law in its popular cultural mode. In this respect, contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to argue that we must take seriously an interrogation of law as culture- that is, not asking how a text 'represents'law, but how the representational nature of both law and culture intersect: in short, how the 'juridical' becomes visible in various cultural forms and their technological manifestations, and so how law's popular cultures actively metamorphose law. "--


Book
Fables of the Law

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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.

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