Includes papers first presented at the 2018 Annual Conference of the Society of Legal Scholars (held between 2-6 September at Queen Mary University, London, UK) entitled 'Law in Troubled Times' -- ECIP introductory chapter
Includes bibliographical references and index
Legal Imagination in Trouble Times : An Introduction / Richard Mullender, Matteo Nicolini, Thomas D.C. Bennett and Emilia Mickiewicz -- The Progress of Legal Education in England / John Baker -- The Dragon in the Cave : Fleta as a Legal Imagining of Early English Common Law / John Casey Gooch -- The Apotheosis of King Charles I / Ian Ward -- Pathologies of Imagination and Legitimacy of Judicial Decision Making / Emilia Mickiewicz -- Law and Belief: The Reality of Judicial Interpretation / R. Scott Fraley -- Legal Imagination or an Extra-Legal Hoax : On Storytelling, Friends of the Court and Crossing Legal Boundaries in the US Supreme Court / Aleksandra Wawrzyszczuk -- The French Revolution and the Programmatic Imagination : Hilary Mantel on Law, Politics, and Misery / Richard Mullender -- Internal Coherence and the Possibility of Judicial Integrity / Patrick O'Callaghan -- Legal Humanism : 'Stylistic Imagination' and the Making of Legal Traditions / Cristina Costantini -- Depicting the End of the American Frontier : Some Thoughts on Larry McMurtry's Lonesome Dove Series / Giacomo Delledonne -- Coleridge's Dystopia and the Optics of Law Thomas Bennett and Olivia Reilly -- Against the Failure of the Legal Imagination . Literary Narratives, Brexit and the Sort of the Anglo-British Constitution Matteo Nicolini.
"This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future"--