The Image of Law: Deleuze, Bergson, Spinoza

Alexandre Lefebvre

Published by Stanford University Press 2008

The Image of Law

Deleuze, Bergson, Spinoza

Alexandre Lefebvre

In the series Cultural Memory in the Present

https://doi.org/10.1515/9781503627246

Overview
Contents

About this book

The 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.

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	ix
Preface: Why Deleuze and Law? Publicly Available Download PDF	xi
Abbreviations Publicly Available Download PDF	xvii
PART 1. THE DOGMATIC IMAGE OF LAW
Introduction Requires Authentication Unlicensed Licensed Download PDF	1
1 The Judge as Schema: Hart Requires Authentication Unlicensed Licensed Download PDF	5
2 Reflective Judgment and the Law with Organs: Dworkin Requires Authentication Unlicensed Licensed Download PDF	22
3 Communication, Judgment, Retrospection: Habermas Requires Authentication Unlicensed Licensed Download PDF	37
PART 2. THE IMAGE OF LAW: BERGSON AND TIME
Introduction Requires Authentication Unlicensed Licensed Download PDF	51
4 Deleuze and the Critique of Law Requires Authentication Unlicensed Licensed Download PDF	53
5 The Time of Law I: Evolution in Holmes and Bergson Requires Authentication Unlicensed Licensed Download PDF	88
6 The Time of Law II: Bergson, Perception, and Memory Requires Authentication Unlicensed Licensed Download PDF	114
7 The Time of Law III: Judgment sub specie durationis Requires Authentication Unlicensed Licensed Download PDF	143
PART 3. SPINOZA AND PRACTICE
Introduction Requires Authentication Unlicensed Licensed Download PDF	197
8 Three Spinozist Themes in a Deleuzian Jurisprudence Requires Authentication Unlicensed Licensed Download PDF	201
Notes Requires Authentication Unlicensed Licensed Download PDF	259
Cases Cited Requires Authentication Unlicensed Licensed Download PDF	287
Bibliography Requires Authentication Unlicensed Licensed Download PDF	289
Index Requires Authentication Unlicensed Licensed Download PDF	301

Language: English
Publisher: Stanford University Press
Audience: College/higher education;
Pages
- Main content: 336
Illustrations
- Other: 2 figures

eBook

Published: August 26, 2008
ISBN: 9781503627246