ABSTRACT

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.

The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.

part One|57 pages

Imagination, law, and history: framing the future

chapter 3|19 pages

The dragon in the cave

Fleta as a legal imagining of early English common law

chapter 4|19 pages

The apotheosis of King Charles I

part Two|58 pages

The courts and the legal imagination

chapter 6|16 pages

Law and belief

The reality of judicial interpretation

chapter 7|22 pages

Legal imagination or an extra-legal hoax

On storytelling, friends of the court, and crossing legal boundaries in the US Supreme Court

part Three|61 pages

Thought, stylistics, and discourse

chapter 8|24 pages

The French Revolution and the programmatic imagination 1

Hilary Mantel on law, politics, and misery

chapter 10|19 pages

Legal humanism

‘Stylistic imagination’ and the making of legal traditions

part Four|67 pages

The future of the legal imagination

chapter 11|11 pages

Depicting the end of the American frontier

Some thoughts on Larry McMurtry’s Lonesome Dove series 1

chapter 12|33 pages

A Coleridgean dystopia

Formalism and the optics of judgment

chapter 13|21 pages

Against the failure of the legal imagination 1

Literary narratives, Brexit, and the fate of the Anglo-British constitution