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Peter Goodrich - Genealogies of Legal Vision

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Peter Goodrich Genealogies of Legal Vision

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It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control.

Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book.

Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.

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First published 2015
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2015 Editorial matter and selection: Peter Goodrich and Valrie Hayaert Individual chapters: the contributors.

The right of Peter Goodrich and Valrie Hayaert to be identified as editors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
Genealogies of legal vision / edited by Peter Goodrich, Valrie Hayaert.
pages cm
Includes bibliographical references and index.
ISBN 978-0-415-74907-7 (hardback) ISBN 978-0-415-74906-0 (pbk)
ISBN 978-1-315-77426-8 (ebk) 1. Symbolism in law. 2. Devices (Heraldry)
3. Emblems. 4. Law and art. I. Goodrich, Peter, 1954- editor. II. Hayaert, Valrie,
editor.
KB78.G46 2015
340.1dc23

ISBN: 978-0-415-74907-7 (hbk)
ISBN: 978-0-415-74906-0 (pbk)
ISBN: 978-1-315-77426-8 (ebk)

Typeset in Minion
by FiSH Books Ltd, London

Discourses of Law Series editors Peter Goodrich Michel Rosenfeld and Arthur - photo 1

Discourses of Law

Series editors: Peter Goodrich, Michel Rosenfeld and Arthur Jacobson
Benjamin N. Cardozo School of Law

This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

The original impetus for the series came from the paradoxical merger and confrontation of East and West. Globalization and the internationalization of the rule of law has had many dramatic and often unforeseen and ironic consequences. An understanding of differing legal cultures, particularly different patterns of legal thought, can contribute, often strongly and starkly, to an appreciation if not always a resolution of international legal disputes. The rule of law is tied to social and philosophical underpinnings that the series has sought to excoriate and illuminate.

Titles in the series:

Nietzsche and Legal Theory: Half-Written Laws

Edited by Peter Goodrich and Mariana Valverde

Law, Orientalism, and Postcolonialism: The Jurisdiction of the Lotus Eaters

Piyel Haldar

Endowed: Regulating the Male Sexed Body

Michael Thomson

The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community

Michel Rosenfeld

The Land is the Source of the Law: A Dialogic Encounter with Indigenous Jurisprudence

C.F. Black

Shakespearean Genealogies of Power: A Whispering of Nothing in Hamlet, Richard II, Julius Caesar, Macbeth, The Merchant of Venice, and The Winters Tale

Anselm Haverkamp

Visualizing Law in the Age of the Digital Baroque: Arabesques and Entanglements

Richard K. Sherwin

The Scene of Mass Crime

Peter Goodrich and Christian Delage

Novel Judgments: Legal Theory as Fiction

William Macneil

Sex, Culpability and the Defence of Provocation

Danielle Tyson

Wickedness and Crime: Laws of Homicide and Malice

Penny Crofts

Shakespeares Curse

Bjrn Quiring

Exemplarity and Singularity: Thinking through Particulars in Philosophy, Literature, And Law

Edited by Michle Lowrie and Susanne Ldemann

Law and Enjoyment: Power, Pleasure and Psychoanalysis

Daniel Hourigan

Genealogies of Legal Vision

Edited by Peter Goodrich and Valrie Hayaert

Forthcoming:

Crime Scenes: Forensics and Aesthetics

Rebecca Scott Bray

The Rule of Reason in European Constitutionalism and Citizenship

Yuri Borgmann-Prebil

Varieties of Liberalism: Nineteenth Century Contract Between Literature, Law and History

Anat Rosenberg

The publisher gratefully acknowledges the support of the Jacob Burns Institute for Advanced Legal Studies of the Benjamin N. Cardozo School of Law to the series Discourses of Law.

Contents

Peter Goodrich and Valrie Hayaert

Valrie Hayaert

Peter Goodrich

Paul Raffield

Anselm Haverkamp

Agns Guiderdoni

Christian Biet

Piyel Haldar

Alick M. Mclean

Judith Resnik and Dennis Curtis

William Egginton

Primary sources

Alciato, Andrea (= Alciat, Andr), Les Emblemes dAlciat de nouveau translatez en franois vers pour vers jouxte les latins ... (Lyon: Guillaume Rouill, 1549).

Alciato, Andrea (= Alciat, Andr), De Verborum Significatione (Lyon: Sbastien Gryphe, 1530).

Alciato, Andrea (= Alciat, Andr), Emblematum liber (Augsburg: Steyner, (1531).

Alciato, Andrea (= Alciat, Andr), Parergn juris libri tres (Lyon: Sbastien Gryphe, 1538).

Alciato, Andrea (= Alciat, Andr), Emblematum libellus (Venice: Aldus Manutius, 1546).

Alciato, Andrea (= Alciat, Andr), Omnia Andreae Alciati ... Emblemata cum commentariis ... per Claudium Minoem Divionensem , Claude Mignault (Antwerp: Christophe Plantin, 1577).

Alciato, Andrea (= Alciat, Andr), Opera Omnia (Basel: Thomas Guarin, 1582).

Alciato, Andrea (= Alciat, Andr), Oratio in laudem juris civilis in Opera Omnia (Basel: Thomas Guarin, 1582), IV, col. 102231.

Alciato, Andrea (= Alciat, Andr), Emblematum cum commentariis Cl. Minois I.C., Francisci Sanctii Brocensis et notis Laurentii Pignorii Patavinii , J. Thuilii Marioemontani (Padua: Petro Paulo Tozzi, 1621).

Allestree, Richard, Government of the Tongue (Oxford: At the Theater, 1674).

Aneau, Barthlemy, Imagination Potique (Lyon: Mac Bonhomme, 1552).

Aneau, Barthlemy, Picta Poesis. Ut Pictura Poesis erit (Lyon: Mac Bonhomme, 1552).

Aneau, Barthlemy, Jurisprudentia a primo et divino sui ortu ad nobilem Biturigem Academiam deducta (Lyon: A lenseigne du Sagittaire, 1554).

Apollo, Orus, De la signification des notes hiroglyphiques des gyptiens (Paris: Jacques Kerver, 1543).

Bambergische Peinliche Halsgerichtsordnung, Bambergische Peinliche Halsgerichtsordnung [The Penal Code of the Bamberg Criminal Court ] (Bamberg, 1507).

Bateman, Stephen, A Christal Glasse of Christian Reformation (London: John Day, 1569).

Beccaria, Cesare, Von Verbrechen und Strafen [ On Crimes and Punishment : 1st edn 1764] (Breslau: Johann Friedrich Korn, 1788).

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