6 dic. 2016

Law & Literature. Fabular jurídico. Novedad bibliográfica


Fables of the Law. Fairy Tales in a Legal Context
Daniela Carpi and Marett Leiboff
(Series Law & Literature, 13), Walter de Gruyter, 2016, 450 pp.
ISBN: 978-3-11-049472-3

The latest development concerning the metaphorical use of the fairy tale is the legal perspective. The law had and has recourse to fairy tales in order to speak of the nomos and its subversion, of the politically correct and of the various means that have been used to enforce the law. Fairy tales are a fundamental tool to examine legal procedures and structures in their many failings and errors. Therefore, we have privileged the term "fables" of the law just to stress the ethical perspective: they are moral parables that often speak of justice miscarried and justice sought.
Law and jurists are creators of "fables" on the view that law is born out of the facts (ex facto ius oritur) so that there is a need for narrative coherence both on the level of the case and the level of legislation (or turned the other way around: what does it mean if no such coherence is found?). This is especially of interest given the influx of all kinds of new technologies that are "fabulous" in themselves and hard to incorporate in traditional doctrinal schemes and thus in the construction of a new reality.

Daniela Carpi
Fables of the Law, a Literary Perspective 3
Marett Leiboff
Fabulous Law: Legal Fables 33
Part I: Fabulising Law
Luis Gómez Romero
The Wondrous (Baroque) Gender Revolution, or the Rise and Fallofthe Empire of Fairies 49
Cristina Costantini
The Haunting MemoryofLaw: Mystic Fables, Uncanny Presences and Normative Spectrality 83
Pier Giuseppe Monateri
Political Sublime: Heterodoxy and Jurisdictionatthe Origin of Modernity 95
Riccardo Baldissone
Mystical Bodies and Bodies of Law: On Juridical Theology and the (Re)Foundations of the West 111
Part II: ContemporaryFables
Matteo Nicolini
Narrators of Fables or Framers of the Constitution? The Acallam na Senórach Beyond Time, Place, and Law 137
Doris Pichler
Playing with Conventions and Traditions: The Modern Legal Fairy Tale 169
Marett Leiboff
The Good Old Rule, the Catspaw and a Two-Headed Baby 187
GiuseppeRossi and Paola Carbone
Ethics and Law at Play on the Football Pitch 209
Valentina Adami
Earth Jurisprudence and the Myth of Gaia 243
Part III: Fables of Family
Alessandra Cordiano
Archetypes and Family Models 259
Anna Enrichetta Soccio
Divorceand the FailureofLaw in Dickens’s Hard Times 275
Maria Caterina
Baruffi Bluebeardand the Polygamous Family 283
Part IV: Law, Myth and Magic
Daniela Carpi
Fables of the Holocaust: Hansel and Gretel 309
William P. MacNeil
Let the Right Law In: True Blood, the Twilight Sagaand The Passage as Lex Vampirica 331
Sara Soncini
Tales of Terror: The Pillowman and the Violence of the Virtual 355
Filippo Sgubbi
The Fable of the Bees in Contemporary Penal Law 373
Roxanne Barbara
Doerr Summons, Prophecies, Possession and Madness: Intersections of Lawand Magic in Jonathan Strange & Mr Norrell 379
Giovanna Ligugnana
An Invented Executive: The Ministry of Magic in Harry Potter 419
Raffaele Cutolo
Law and Magic: King Arthur and the Making of a Myth 435

Contributors 445
Subject index 451

Daniela Carpi, University of Verona, Italy; Marett Leiboff, University of Wollongong, Australia

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