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Sensing the Nation's Law

Historical Inquiries into the Aesthetics of Democratic Legitimacy

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  • © 2018

Overview

Editors:
  1. Stefan Huygebaert

    1. Ghent Legal History Institute, Ghent University , Gent, Belgium

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  2. Angela Condello

    1. Department of Law, University of Roma Tre Department of Law, 00154 Roma RM, Italy

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  3. Sarah Marusek

    1. Political Science Department, University of Hawai'i Hilo, Hilo, USA

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  4. Mark Antaki

    1. Faculty of Law, McGill University, Montreal, Canada

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  • Offers a unique, trans-disciplinary treatment of a topic that has not previously been discussed
  • Brings together scholars from the fields of law, political science, history, art history and philosophy
  • Deals with the construction of national identities, focusing on the central role of aesthetics

Part of the book series: Studies in the History of Law and Justice (SHLJ, volume 13)

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-x
    Download chapter PDF

  2. Introduction

    • Mark Antaki, Angela Condello, Stefan Huygebaert, Sarah Marusek
    Pages 1-8

  3. Revolution, Constitution, Republic

    1. Front Matter

      Pages 9-9
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    2. Monument, Portrait, Tableau: Making Sense of and with Jacques-Louis David’s Tennis Court Oath

      • Mark Antaki, Catherine Le Guerrier
      Pages 11-43

    3. The Quest for the Decisive Constitutional Moment (DCM)

      • Stefan Huygebaert
      Pages 45-84

    4. Courbet and the Nude Republican Master

      • Oliver Watts
      Pages 85-114

  6. Out of Many, One

    1. Front Matter

      Pages 213-213
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    2. Appreciation or Appropriation? An Indigenous Moment in the American Numismatic Narrative (1999–2009)

      • Sarah Marusek
      Pages 215-235

    3. Internormative Gastronomies: Law, Nation and Identity

      • Richard Mohr, Nadirsyah Hosen
      Pages 237-261

  7. Consensus

    1. Front Matter

      Pages 263-263
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    2. Aesthetic Mediation: Towards Legitimate Power

      • Angela Condello
      Pages 265-284
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Keywords

About this book

This book examines  how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy. 

 

Editors and Affiliations

  • Ghent Legal History Institute, Ghent University , Gent, Belgium

    Stefan Huygebaert

  • Department of Law, University of Roma Tre Department of Law, 00154 Roma RM, Italy

    Angela Condello

  • Political Science Department, University of Hawai'i Hilo, Hilo, USA

    Sarah Marusek

  • Faculty of Law, McGill University, Montreal, Canada

    Mark Antaki

About the editors

Mark Antaki, Ph.D. (University of California, Berkeley 2005) is an Associate Professor in the Faculty of Law at McGill University. His research focuses on the relation of ethics and aesthetics and that of law and language. He is active in the Association for the Study of Law, Culture, and the Humanities, and has been a fellow at the Stellenbosch Institute of Advanced Study and McGill’s Institute for the Public Life of Arts and Ideas. He teaches courses in public and private law as well as legal theory.



Angela Condello, PhD (2013, Roma Tre) is Temporary Lecturer at the University of Roma Tre and Adjunct Professor (Jean Monnet Module “Cultures of Normativity” 2017-2010) at the University of Torino, where she also directs LabOnt Law. She cooperates with the Human Rights Committee of the Italian Senate of the Republic. In 2015 she was Fernand Braudel Fellow (EHESS, CENJ) and in 2014 she was a Fellow at the Käte Hamburger Kolleg “Law as Culture”. Until 2016 shewas Guest Professor at the Law School of the University of Ghent. She teaches Law and Humanities at Roma Tre. She organizes the International Roundtables for the Semiotics of Law (New York 2017; Torino 2019) and is in the boards of Law Text Culture, Law & Literature, Rivista di Estetica. She is Associate Editor of Brill Research Perspectives in Art and Law and directs a book series on French Philosophy and Law (Westminster University Press). In 2016 she received a Jean Monnet award. Her book Analogica. Il doppio legame tra diritto e analogia in forthcoming with Quodlibet (early 2018). 

Stefan Huygebaert is a Research Foundation Flanders (FWO) PhD Fellow at the Ghent Legal History Institute and Department of Art History, Musicology and Theatre Studies (Ghent University). His dissertation, entitled Visual Ideals of Law and Justice is an iconological study of legal imagery in nineteenth-century Belgium. In 2014-2015, and again in 2016-2017, Stefan was a PhDfellow (Stipendiat) within the Minerva Research Group The Nomos of Images: Manifestation and Iconology of Law at the Kunsthistorisches Insitut in Florenz (Max-Planck-Institut). He publishes and teaches on legal iconography and nineteenth-century art, and recently co-edited the catalogue for the exhibition The Art of Law: Three Centuries of Justice Depicted (Groeningemuseum, Bruges).


Sarah Marusek, Ph.D (University of Massachusetts Amherst 2008), is an Associate Professor of Public Law in the Department of Political Science at the University of Hawai’i at Hilo. Her research interests focus on sites of constitutive law, legal geography, and legal semiotics that engage legal pluralist frameworks of everyday jurisprudence. She teaches courses in U.S. Constitutional law, legal studies, and legal geography.

Bibliographic Information

  • Book Title: Sensing the Nation's Law

  • Book Subtitle: Historical Inquiries into the Aesthetics of Democratic Legitimacy

  • Editors: Stefan Huygebaert, Angela Condello, Sarah Marusek, Mark Antaki

  • Series Title: Studies in the History of Law and Justice

  • DOI: https://doi.org/10.1007/978-3-319-75497-0

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer International Publishing AG, part of Springer Nature 2018

  • Hardcover ISBN: 978-3-319-75495-6Published: 04 April 2018

  • Softcover ISBN: 978-3-030-09246-7Published: 12 January 2019

  • eBook ISBN: 978-3-319-75497-0Published: 22 March 2018

  • Series ISSN: 2198-9842

  • Series E-ISSN: 2198-9850

  • Edition Number: 1

  • Number of Pages: X, 284

  • Number of Illustrations: 52 b/w illustrations

  • Topics: Fundamentals of Law, Philosophy of Law, Arts

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