Aesthetics of Law

From Methodology to Manifestations

Kamil Zeidler, Joanna Kamień

• Publisher: Springer
• Year: 2024
• Print ISBN: 9783031555206
• eBook ISBN: 9783031555213
• Edition: 0
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

The aesthetics of law deals with the relationship between law and beauty by searching for aesthetic values in the law itself (an internal perspective), by finding material related to law in art and culture (an external perspective), and, lastly, by demonstrating the impact of legal norms on what can be broadly understood as beauty (law as a tool of aestheticization). Regarding all these phenomena, the aesthetics of law ultimately allows us to see the law more clearly and more profoundly. What is more, the law does not function, nor has it ever functioned, separately from its means of expression, which are incontrovertibly subject to aesthetic interpretation.

If we think about law in this way, perceiving not only the message, but also the manner in which it is conveyed, the whole set of means and tools used, the perfection and beauty of the form, then we will see art in it. After all, the widely known and still applicable ancient maxim ius est ars boni et aequi equates law and art. This alone should be an argument for aesthetic reflection on the law, a field of endeavour that should never have been abandoned.

The book's twenty-three chapters, written by scholars from various countries and three continents, are thematically diverse. In them we present the manifestations of the aesthetics of law from an external perspective. If we accept a definition of the concept of law that is as broad as possible, not only as a synonym of a certain formalized normative system, but also including the process of its creation (legislation), its application and interpretation (jurisprudence), and even teaching on and research into it (doctrine), we can identify a wealth of aesthetic references in the law.

A broadly understood aesthetics of law, approached solely from an external perspective, covers such disciplines as law and literature, the aesthetics of legal rhetoric, the trial as performance, the aesthetics ofcourthouse architecture, law in the fine arts, law in film, law and music, pictorial law, symbols of the law and legal symbols, symbols of the state and power, legal archaeology etc. The field of research is, therefore, wide. In addition to topics traditionally and obviously associated with the aesthetics of law, such as law and literature, law in the fine arts, and court rhetoric, there are chapters on e.g. legal ethics and trademarks. All authors share the belief that beauty in law is important, even when it is hidden in a caricature. Further, they argue for restoring the aesthetics of law to its proper place in philosophical and legal discourse, as doing so would yield a host of benefits for the addressees of law.

Table of contents

• Cover
• Front Matter
• Introductory Remarks on the Aesthetics of Law
• A Walk Through the Gardens of Law. Hypertexts, Transcience, and Transjuridicity
• The Arc of Justice
• Art and Law. Formativity of the Norm
• The Aesthetics of Law Starting from the Work of Bruno Romano
• Law and Literature: A New View from Six Perspectives
• Shaping Aesthetics and Narratives in the Operatic Tradition: The Role of Private Law
• Judicial Art as an Issue in the Aesthetics of Law
• Inventing Legal Persons
• Beauty, Truth and the Common Law Judgment
• The Role of the Judges as an Aspect of Accessibility to Law in Visual Culture
• Lawyer as a Painter? On Perspectives of Artistic Metaphors in Legal Ethics
• Aesthetics and the Legal Definition of Art on the Example of the Jurisprudence of German Courts and German Legal Literature in the Period of 1954–2019
• From Art in the Service of… to the Liberation of Sense Experience and Wonder
• ‘Mine Is a Long and Sad Tale’. Law and Legal Allusions in Polish Translations of Lewis Carroll’s Alice’s Adventures in Wonderland
• A Spectral Tribunal: Ghosts as Agents of Justice in Japanese Imagination
• The Unaesthetic Complexity of the Image of Xiezhi in Representing the Jurisprudence in Ancient and Modern China
• Allegories of Justice and Other Virtues: Glimpses at European Painting
• An Early Utopian Artistic Representation of the Freedom from Work: On Bruegel’s Luyeleckerlandt (1567), a Utopia of a Society Without Labour or a Dystopia in Favour of Work Ethics?
• The Law in Caricature
• At the Scene of the Crime: Observer as Witness to the Finding Our Voice Exhibition
• The Motive of Cannibalism in Law vs. Mass Culture
• “State Aesthetics” of the European Union and Its Legal Implications: Selected Aspects on the Example of the Constitution for Europe
• Are Non-traditional Trademarks a Danger to the Artistic Domain in the European Union and Japan?