UID:
edocfu_9959241898702883
Format:
1 online resource (464 pages).
Edition:
1st ed.
ISBN:
3-11-049350-0
Series Statement:
Law & Literature, Volume 13
Content:
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.
Note:
Includes index.
,
Frontmatter --
,
Table of Contents --
,
Introduction --
,
Fables of the Law, a Literary Perspective /
,
Fabulous Law: Legal Fables /
,
Part I: Fabulising Law --
,
The Wondrous (Baroque) Gender Revolution, or the Rise and Fall of the Empire of Fairies /
,
The Haunting Memory of Law: Mystic Fables, Uncanny Presences and Normative Spectrality /
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Political Sublime: Heterodoxy and Jurisdiction at the Origin of Modernity /
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Mystical Bodies and Bodies of Law: On Juridical Theology and the (Re)Foundations of the West /
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Part II: Contemporary Fables --
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Narrators of Fables or Framers of the Constitution? The Acallam na Senórach Beyond Time, Place, and Law /
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Playing with Conventions and Traditions: The Modern Legal Fairy Tale /
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The Good Old Rule, the Catspaw and a Two-Headed Baby /
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Ethics and Law at Play on the Football Pitch /
,
Earth Jurisprudence and the Myth of Gaia /
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Part III: Fables of Family --
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Archetypes and Family Models /
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Divorce and the Failure of Law in Dickens's Hard Times /
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Bluebeard and the Polygamous Family /
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Part IV: Law, Myth and Magic --
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Fables of the Holocaust: Hansel and Gretel /
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Let the Right Law In: True Blood, the Twilight Saga and The Passage as Lex Vampirica /
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Tales of Terror: The Pillowman and the Violence of the Virtual /
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The Fable of the Bees in Contemporary Penal Law /
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Summons, Prophecies, Possession and Madness: Intersections of Law and Magic in Jonathan Strange & Mr Norrell /
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An Invented Executive: The Ministry of Magic in Harry Potter /
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Law and Magic: King Arthur and the Making of a Myth /
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Contributors --
,
Subject index
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Issued also in print.
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In English.
Additional Edition:
ISBN 3-11-049472-8
Additional Edition:
ISBN 3-11-049668-2
Language:
Egyptian
DOI:
10.1515/9783110496680
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