Law and Aesthetics

Hart Publishing (2001)
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Abstract

Law and Aesthetics draws on the work of poets as well as philosophers. Taking as its starting point Shelleys assertion that poets are unacknowledged legislators,the book suggests that there is a way of thinking that, as yet, has not been taken up by those who make use of literary aesthetics to understand law. The book tracks this aesthetic thinking through the failures of critical legal studies and stages an encounter with psychoanalysis, before suggesting that an aesthetics of law can be exhumed from Nietzsches work. The aesthetic is a call to the creative: fashion new law. A review of contemporary legal theory that makes use of aesthetic perspectives suggests that dissident and radical Nietzschean energies continue to animate legal thought. In the final chapter, an aesthetics of law is shown to make for an interruption of legal categories, and the generation of new legal relationships. The book concludes with a further meditation on Shelleys poetry, and a call to continue in the spirit of aesthetic reinvention.

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Citations of this work

Criminal Responsibility and the Living Self.Thomas Giddens - 2015 - Criminal Law and Philosophy 9 (2):189-206.
New (Post-?) Textualities and the Autonomy Claim: Rethinking Law’s Quest for Normative Convergence in Dialogue with Law and Aesthetics’ Heterodoxy.Brisa Paim Duarte - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (1):231-258.
Contemporary Indigenous Art, Resistance and Imaging the Processes of Legal Subjection.Oliver Watts - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):213-235.

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