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 |
|---|---|
| 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 |