Advanced introduction to comparative legal methods
In: Elgar advanced introductions
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In: Elgar advanced introductions
1. Master of the World and the Law of the Sea -- I. The Dominus, Carl Schmitt and Beyond -- II. The Dominus and Its Several Meanings -- III. The Dominus and Its Genealogy -- IV. Re-Thinking the Greek Rome -- 2. The Christian Empire as World Order -- I. The Revival of the Dominus -- II. Imperial Messianism -- III. The Lord of the Flies -- 3. Political Theology from Satan to Legitimacy -- I. Spatiality, Sovereignty and the Geopolitics of Discovery -- II. From Justinian in Paradise to Royal Occultism -- 4. Demonological Inversion and the Birth of the Leviathan -- I. James I, the Witches and Bodin -- II. Leviathan's Ambiguity -- III. The Dominus Mundi and Hobbes's Frontispiece -- 5. Sublime Dissolution -- I. The Collapse of Modernity -- II. New Monsters and Good Feelings -- III. The Political Refoulé -- IV. The Ghost of the Dominus
In: Research handbooks in comparative law series
In: Libri del tempo Laterza 471
In: Lezioni magistrali / Università degli studiSuor Orsola Benincasa, Facoltà di giurisprudenza 61
In: I grandi orientamenti della giurisprudenza civile e commerciale 38
In: Pólemos: journal of law, literature and culture, Band 18, Heft 1, S. 145-171
ISSN: 2036-4601
Abstract
This article explores diverse models of legal interpretation and their impact on the intersection of law and literature. Beginning with narrative naturalism and the Tarskian Correspondence Model, it contrasts with the Symphonic model's contemporary perspective, recognizing the nuances of legal concepts. Then, it examines Heraclitean Realism and the Provocative Tapestry Model as challenges to the traditional concept of legal system. While realism acknowledges subjectivity, the Provocative Tapestry Model seeks revolutionary change. In comparative law, the Tarskian Model aligns with linguistic analysis, the Symphonic Model with harmonizing approaches, the Living Tapestry Model with dynamic perspectives, and the Provocative Tapestry Model with confronting conflicts. These diverse interpretation lenses influence cross-cultural legal understanding in comparative law methods, creating a multifaceted perspective. The conclusion examines narrative tropes in each interpretation, revealing storytelling elements and rhetorical strategies shaping legal traditions.
In: Pólemos: journal of law, literature and culture, Band 16, Heft 1, S. 9-23
ISSN: 2036-4601
Abstract
Political theology is often the subject of debate. In this contribution we will trace an alternative declination of this concept in modern political thought. Starting from James I's thought, the article will show the most arcane and heterodox sides of sovereignty and the multiple configurations of the political body.
In: Pólemos: journal of law, literature and culture, Band 9, Heft 2, S. 243-247
ISSN: 2036-4601
In: Pólemos: journal of law, literature and culture, Band 9, Heft 2, S. 341-356
ISSN: 2036-4601
Abstract
The aim of this paper is to investigate what we mean by "voice" in legal documents. Whose voice is speaking in a Constitution? Does a code of laws have a voice? And, above all, can a judge be said to be a "voice" of the law? As we shall see, this question of the voice speaking in a legal document, is not commonly afforded. Henceforth, we should make reference to literary theories to reappraise the meaning of legal documents from the standpoint of searching for the voice speaking in them. In this way, we shall try to envision a new approach to the legitimacy of reading in order to reframe the problematic relation between the judge as a reader and the texts. This point is of peculiar interest in the actual debate in the United States about the reading of the Constitution, and represents, also, a key factor in comparing different jurisdictions; it is a central point in comparative law and attempts to portray the Geography of the Nomos, through the "representation" of the various "legal voices" that unite, or divide, the different jurisdictional spaces of world governance.
The essay introduces an original interpretation of Moltmann's thought on Christian kenosis, according to the fundamental critical method known as 'close reading'. On this ground, the Author brings to the surface the complex bulk of literary quotations which give substance to a specific passage in Moltmann's work "The Crucified God". Quotations become an intellectual device apt to produce meaning through its proper deferral and suspension. Within this framework, the Author's main purpose is to put at the centre of the scene the explicit reference made by Moltmann to C. Schmitt's concept of stasis, in order to explain the self-emptying of God even in a political perspective, as a kind of internal battle within divinity. The theological canon (Christian kenosis as moulded by Moltmann) is conceptually linked to the political anti-canon (stasis and exception as defined by C. Schmitt). In this perspective the structural relationship between Theology and Politics, usually epitomized by the synthetic expression of 'political theology', comes to be re-substantiated.
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In: Il politico: rivista italiana di scienze politiche ; rivista quardrimestrale, Band 72, Heft 1, S. 59-82
ISSN: 0032-325X