Authors
Joshua M. Hall
William Paterson University of New Jersey
Abstract
Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”
Keywords law  poetry  Percy Bysshe Shelley  Alexis de Tocqueville  natural law theory  positive law theory  critical legal theory
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References found in this work BETA

Modernism and the Grounds of Law.Peter Fitzpatrick - 2001 - Cambridge University Press.
Core Aspects of Dance: Aristotle on Positure.Joshua M. Hall - 2019 - Journal of Aesthetic Education 53 (1):1.
Figuration: A Philosophy of Dance.Joshua M. Hall - 2012 - Dissertation, Vanderbilt University

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Citations of this work BETA

On Justice as Dance.Joshua M. Hall - forthcoming - Eidos. A Journal for Philosophy of Culture.

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Vedanta and Shelley.S. R. Swaminathan - 1997 - University of Salzburg Distributed in the U.S.A. By International Specialized Book Services].
Shelley's Vestimentary Poetics.Alexander Freer - 2018 - Philosophy and Literature 42 (2):292-310.

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