Make It New! The Redeeming Modernism of Law and the Collapsing of Its Polarities
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Angela Condello
Angela Condello is Adjunct Professor (Jean Monnet Module “Human Rights Culture in the EU”, 2017–2020) at the Department of Philosophy of the University of Torino where she also directs LabOnt Law and coordinated the Jean Monnet Project “I work, therefore I am European” (
http://labont.it/i-work-therefore-i-am-european ). She has been teaching Law and Humanities at Roma Tre since 2013. Her bookAnalogica. Il doppio legame tra diritto e analogia was published by Giappichelli in 2018. Her other monograph,Between Ordinary and Extraordinary. The Normativity of the Singular Case in Art and Law was published by Brill also in 2018.
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Luke Mason
Luke Mason is an Associate Professor at Birmingham City, School of Law. He is a lawyer and philosopher whose work spans a range of areas. In particular, his research looks at the philosophy of labour law, social policy, the nature of legal knowledge and its acquisition, and various aspects of legal theory and the law’s connection with the arts and humanities, philosophy, and science. He has an international academic background, having taught or held research positions at universities in the UK, Germany, Italy and France. He has won numerous awards within legal education, including, in 2014, the coveted national UK award
Law Teacher of the Year .
Abstract
This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases. Through these examples, the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the law’s generalisations and abstractions become concrete, and can indeed be upended, through fleeting, impressionistic and highly case-specific examples. This exemplarity within law explains how law is able to navigate its apparently contradictory aspirations and natures which have bedevilled legal philosophy for millennia. In reality, law exists within a series of polarities, rather than contradictions, which are navigated through the law’s encounters with examples from the extra-legal world. The authors conclude that this aspect of the law’s nature also has practical consequences, requiring the law to maintain the fora in which new and novel cases are heard, and through which law’s modernist spirit can thrive.
About the authors
Angela Condello is Adjunct Professor (Jean Monnet Module “Human Rights Culture in the EU”, 2017–2020) at the Department of Philosophy of the University of Torino where she also directs LabOnt Law and coordinated the Jean Monnet Project “I work, therefore I am European” (http://labont.it/i-work-therefore-i-am-european). She has been teaching Law and Humanities at Roma Tre since 2013. Her book Analogica. Il doppio legame tra diritto e analogia was published by Giappichelli in 2018. Her other monograph, Between Ordinary and Extraordinary. The Normativity of the Singular Case in Art and Law was published by Brill also in 2018.
Luke Mason is an Associate Professor at Birmingham City, School of Law. He is a lawyer and philosopher whose work spans a range of areas. In particular, his research looks at the philosophy of labour law, social policy, the nature of legal knowledge and its acquisition, and various aspects of legal theory and the law’s connection with the arts and humanities, philosophy, and science. He has an international academic background, having taught or held research positions at universities in the UK, Germany, Italy and France. He has won numerous awards within legal education, including, in 2014, the coveted national UK award Law Teacher of the Year.
Note
Paragraphs 0, 1, 2, 3, 4 by Angela Condello; paragraphs 5, 6 by Luke Mason.
© 2019 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- Focus
- The Power of Images through Law, Art and History
- Victor’s Justice? Cultural Transfer and Public Imagery from Nuremberg to The Hague
- Images and Customary International Law, or the Destruction/Construction of International Norms through Images
- Moshe Safdie at Yad Vashem: Architecture, Politics, Identity
- Brexit, Boundaries and the Power of Images
- Freed by the Court: The Role of Images Between Remembrance and Oblivion of War Crimes
- Off Her Throne and Unarmed: the Humble, yet Noble Visage of Justice and Her Restless Servants
- Research
- The Pedagogical Value of Young-Adult Speculative Fiction: Teaching Environmental Justice through Julie Bertagna’s Exodus
- Make It New! The Redeeming Modernism of Law and the Collapsing of Its Polarities
- Law, Literature and Genocide: Rupert Bazambanza’s Smile Through the Tears
- Requiem for Ivan Ilyich: The Problem of Judicial Interpretation in Tolstoy’s Literature
- Book Review
- Jeanne Gaakeer: Judging from Experience. Law, Praxis, Humanities
Artikel in diesem Heft
- Frontmatter
- Focus
- The Power of Images through Law, Art and History
- Victor’s Justice? Cultural Transfer and Public Imagery from Nuremberg to The Hague
- Images and Customary International Law, or the Destruction/Construction of International Norms through Images
- Moshe Safdie at Yad Vashem: Architecture, Politics, Identity
- Brexit, Boundaries and the Power of Images
- Freed by the Court: The Role of Images Between Remembrance and Oblivion of War Crimes
- Off Her Throne and Unarmed: the Humble, yet Noble Visage of Justice and Her Restless Servants
- Research
- The Pedagogical Value of Young-Adult Speculative Fiction: Teaching Environmental Justice through Julie Bertagna’s Exodus
- Make It New! The Redeeming Modernism of Law and the Collapsing of Its Polarities
- Law, Literature and Genocide: Rupert Bazambanza’s Smile Through the Tears
- Requiem for Ivan Ilyich: The Problem of Judicial Interpretation in Tolstoy’s Literature
- Book Review
- Jeanne Gaakeer: Judging from Experience. Law, Praxis, Humanities
