Friday, January 22, 2010
Is the law hopeful?
Cornell law prof Annelise Riles has posted a new paper, Is the Law Hopeful? Here's the abstract:
This essay asks what legal studies can contribute to the now vigorous debates in economics, sociology, psychology, philosophy, literary studies and anthropology about the nature and sources of hope in personal and social life. What does the law contribute to hope? Is there anything hopeful about law? Rather than focus on the ends of law (social justice, economic efficiency, etc.) this essay focuses instead on the means (or techniques of the law). Through a critical engagement with the work of Hans Vaihinger, Morris Cohen and Pierre Schlag on legal fictions and legal technicalities, the essay argues that what is “hopeful” about law is its “As If” quality.
As Christians, we have a "living hope through the resurrection of Jesus Christ" (1 Peter 1:3), and I know that any hopefulness found in the civil law -- particularly the techniques, rather than the ends, of civil law -- is going to pale in comparison. Still, hopeful law is better than the alternative, I guess. (I know, I need to stop speculating about the paper and just read it.)
https://mirrorofjustice.blogs.com/mirrorofjustice/2010/01/is-the-law-hopeful.html