Practical wisdom and judicial practice: Who's in narrative control?

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Abstract

In this article I focus on the Aristotelian requirements for the art of good judging in connection to the suggestion made for the role of emotion in adjudication as developed in the interdisciplinary fields of 'Law and Literature/Law and the Humanties': how to combine the heart and the head in legal practice by finding inspiration and guidance in literary works, and in the suggestions more recently made in cognitive narratotology. Or, in other words, how to incorporate empathy and literary-legal imagination into a judicial methodology in such a way that the requirements of the rule of law (rather than of men, i.e. the subjective persuasion of the judge) are fulfilled.
Original languageEnglish
Pages (from-to)1-17
Number of pages18
JournalISLL Papers (The Online Collection of the Italian Society for Law and Literature)
Volume2015
Issue number8
Publication statusPublished - 2015

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