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.
General
Imprint: |
De Gruyter
|
Country of origin: |
Germany |
Series: |
Law & Literature |
Release date: |
October 2016 |
First published: |
2016 |
Editors: |
Daniela Carpi
• Marett Leiboff
|
Dimensions: |
230 x 155mm (L x W) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
463 |
Edition: |
Digital original |
ISBN-13: |
978-3-11-049472-3 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
General
|
LSN: |
3-11-049472-8 |
Barcode: |
9783110494723 |
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