‘Picnic, lightning’: the normative role of imagination in legal inquiry

Research output: Contribution to journalArticleResearchpeer-review

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.
Original languageEnglish
Pages (from-to)267-274
Number of pages8
JournalJurisprudence: an international journal of legal and political thought
Volume13
Issue number2
DOIs
Publication statusPublished - 11 Jul 2022

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