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Jeanne Gaakeer's expertise in legal theory, and her judicial practice in criminal law in a Court of Appeal, are combined to offer a new perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Judging from Experience develops a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. It proposes that the combination of academic legal theory with judicial practice is central to humanistic jurisprudence and as a training in the conduct of public life. The book addresses judgment and interpretation as a central concern within the field of law, literature and humanities and reflects on interdisciplinary in legal studies against the background of the dispute between the natural sciences and the humanities.
Key Features
¿ A view on law and humanities from an author who combines academic legal theory in the field with her judicial practice in criminal law in a Court of Appeal
¿ Philosophical-hermeneutical building blocks, inspired by Aristotle and Paul Ricoeur, for a methodology for the humanistic study of law as praxis
¿ Offers proposals for the development of a legal narratology
¿ Analysis of Gustave Flaubert's Bouvard and Pécuchet, Robert Musil's The Man without Qualities, Gerrit Achterberg's asylum poems; Pat Barker's Regeneration; John M. Coetzee's Disgrace; Ian McEwan's The Children Act; Michel Houellebecq's Atomised and Juli Zeh's The Method
Jeanne Gaakeer is Professor of Legal Theory at Erasmus School of Law, Rotterdam, and Senior Justice in the criminal law section at the Court of Appeal in The Hague.
List of contents
Preface; Acknowledgements; Part I: The Enchantment of Knowledge: Fact and Fiction in Law and Literature; 1. The Enchantment of Knowledge and Its Apotheosis: Gustave Flaubert's Bouvard and Pécuchet; 2. A Raid on the Inarticulate; 3. Explanation or Understanding: Language and Interdisciplinarity; 4. Understanding Fact and Fiction in Robert Musil's The Man without Qualities; 5. Poetry That Does Not Fade: Gerrit Achterberg's Experience with Law and Forensic Psychiatry; Part II: Iuris Prudentia or Insightful Knowledge of Law; 6. Practical Knowledge: Facts, Norms and Phronèsis; 7. Metaphor and (Dis)belief; 8. Narrative Intelligence: Empathy, Mimesis and the Equitable; 9. Towards a Legal Narratology I: Probability, Fidelity, and Plot; 10. Towards a Legal Narratology II: Implications and Pathologies; Part III: The Perplexity of Judges; 11. Empathy Revisited: Who's in Narrative Control?; 12. Person and Poiesis in Technology and Law: Questioning Builds a Way; 13. Control, Alt, Delete? Information Technology and the Human; Coda; Bibliography; Index.
About the author
Jeanne Gaakeer is Senior Justice in the Criminal Law section of the Court of Appeal in The Hague, Professor of Legal Theory and Chair of Jurisprudence at the Erasmus School of Law, Erasmus University Rotterdam.
Summary
A reflection on interdisciplinarity in legal studies against the background of the dispute between the natural sciences and the humanities
