Abstract
Book Symposium: Maksymilian Del Mar, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication
[Extract]
I begin this article by considering Del Mar’s conception of legal inquiry, particularly its emphasis on playfulness and creativity. I then highlight an aporia in Del Mar’s account – namely, its lack of emphasis on the normative point of judging, which is to render a decision. I argue that this deficit undermines Del Mar’s view of law’s temporality, yielding a fractured picture of legal history. Finally, I suggest this could be remedied by emphasising a facet of imagination Del Mar neglects – namely, its role in facilitating
ethical engagement.
[Extract]
I begin this article by considering Del Mar’s conception of legal inquiry, particularly its emphasis on playfulness and creativity. I then highlight an aporia in Del Mar’s account – namely, its lack of emphasis on the normative point of judging, which is to render a decision. I argue that this deficit undermines Del Mar’s view of law’s temporality, yielding a fractured picture of legal history. Finally, I suggest this could be remedied by emphasising a facet of imagination Del Mar neglects – namely, its role in facilitating
ethical engagement.
Original language | English |
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Pages (from-to) | 267-274 |
Number of pages | 8 |
Journal | Jurisprudence: an international journal of legal and political thought |
Volume | 13 |
Issue number | 2 |
DOIs | |
Publication status | Published - 11 Jul 2022 |