The Image of Law is the first book to examine law through the thought of twentieth-century French philosopher Gilles Deleuze. Lefebvre challenges the truism that judges must apply and not create law. In a plain and lucid style, he activates Deleuze's key themes—his critique of dogmatic thought, theory of time, and concept of the encounter—within the context of adjudication in order to claim that judgment has an inherent, and not an accidental or willful, creativity. The book begins with a critique of the neo-Kantian tradition in legal theory (Hart, Dworkin, and Habermas) and proceeds to draw on Bergson's theory of perception and memory and Spinoza's conception of ethics in order to frame creativity as a necessary feature of judgment.
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"The Image of the Law is an outstanding book that outlines an innovative theory of creativity in judgment and adjudication. Against the grain of much secondary literature on Deleuze, Lefebvre convincingly demonstrates the value of a 'sober and more mundane' Deleuze for the analysis of existing social and political institutions." —Paul Patton, University of New South Wales
"Lefebvre carries Henri Bergson and Gilles Deleuze to the questions of law and judgment. All three profit from the encounter. Showing us how juridical judgment secretes an incorrigible element of creativity, he also explores the judicial sensibility needed to negotiate the link between them. The result is a lucid and timely study." —William E. Connolly, Johns Hopkins University
"Lefebvre offers a brilliant, rigorous, and innovative analysis of Bergson and Deleuze's philosophies of time."
—Paola Marrati, Johns Hopkins University
—Paola Marrati, Johns Hopkins University
"This is a wonderfully interesting book for readers of the three philosophers named in its subtitle. ... The present work will provide readers of continental philosophy with ample opportunity for thought as we come to grips with the provocative encounter Lefebvre has staged for us." —Continental Philosophy Review)
About the Author
Alexandre Lefebvre is a Postdoctoral Fellow at the Faculty of Law, McGill University.
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inattentive judgment, inattentive perception, undivided plane, specie durationis, dogmatic image, pure past, dominant recollections, retrospective temporality, justification discourses, aboriginal evidence, virtual past, transcendental judgment, aboriginal title, determinative judgment, perfect norm, legal pragmatism, legal medium, continuous multiplicity, application discourses, present milieu, translation modified, transcendental basis, teleological judgment, discourse principle, finite modes Key Phrases - Capitalized Phrases (CAPs): (learn more)
The Image of Law, Three Spinozist Themes, The Dogmatic Image of Law, Creative Evolution, First Introduction, First Amendment, Supreme Court, Critique of Pure Reason, British Columbia, Bill of Rights, Helen Palsgraf, Practical Philosophy, Laws Empire, Reading Holmes, Creative Mind, Justice Hercules, The Time of Law, Fourth Amendment, Twelve Angry Men Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
inattentive judgment, inattentive perception, undivided plane, specie durationis, dogmatic image, pure past, dominant recollections, retrospective temporality, justification discourses, aboriginal evidence, virtual past, transcendental judgment, aboriginal title, determinative judgment, perfect norm, legal pragmatism, legal medium, continuous multiplicity, application discourses, present milieu, translation modified, transcendental basis, teleological judgment, discourse principle, finite modes Key Phrases - Capitalized Phrases (CAPs): (learn more)
The Image of Law, Three Spinozist Themes, The Dogmatic Image of Law, Creative Evolution, First Introduction, First Amendment, Supreme Court, Critique of Pure Reason, British Columbia, Bill of Rights, Helen Palsgraf, Practical Philosophy, Laws Empire, Reading Holmes, Creative Mind, Justice Hercules, The Time of Law, Fourth Amendment, Twelve Angry Men Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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