The Image of Law: Deleuze, Bergson, SpinozaThe Image of Law is the first book to examine law through the thought of twentieth-century French philosopher Gilles Deleuze. Lefebvre challenges the truism that judges must apply and not create law. In a plain and lucid style, he activates Deleuze's key themes his critique of dogmatic thought, theory of time, and concept of the encounter within the context of adjudication in order to claim that judgment has an inherent, and not an accidental or willful, creativity. The book begins with a critique of the neo-Kantian tradition in legal theory (Hart, Dworkin, and Habermas) and proceeds to draw on Bergson's theory of perception and memory and Spinoza's conception of ethics in order to frame creativity as a necessary feature of judgment. |
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aboriginal according action actual adjudication affected appears application appropriate attentive judgment becomes Bergson body chapter claim closed common concept condition constitute continuous create creativity criticism Critique Deleuze Deleuze’s determined develop difference discourses dogmatic Dworkin emphasis added encounter establish example existence experience expression fact given habermas hand hart holmes human idea immanence inattentive individual insofar interpretation judge judgment jurisprudence justification Kant kind Matter means memory ment modes modified moral movement nature never norm object organs originally particular pass perceived perception philosophy philosophy of law plane political positive possible practical pragmatism present Press principle problem pure past puts question reading reason recognition recollection reflective relation repetition represents rule sense situation specific Spinoza subsumption theory thing thought tion translation understanding University virtual whole