Browsing by Author Heritier, Paolo
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The article locates the aesthetics of law within modern legal knowledge, moving from the analysis of Kelsen’s and Schmitt’s theories. Schmitt’s reading of Hobbes becomes the starting point in which political theology can be understood as an iconic legal theology, since the image of Leviathan. Legendre expands the reconstruction of the legal aesthetic model to the entire second millennium, moving from the appropriation of the imperial role of the Roman Pontiff. The article reads the frontispiece of Vico’s Scienza Nuova as a possible alternative to the Hobbesian model and as the foundation of contemporary visual legal studies. |
The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico’s rhetorical methodology within the contemporary debate. The question: “is Hume’s law really visible within Hume’s thought?” also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the phantom placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as... |
