Publications

Against the failure of the legal imagination. Literary narratives, Brexit and the fate of the Anglo-British constitution  (2020)

Authors:
Nicolini, M.
Title:
Against the failure of the legal imagination. Literary narratives, Brexit and the fate of the Anglo-British constitution
Year:
2020
Type of item:
Contributo in volume (Capitolo o Saggio)
Tipologia ANVUR:
Contributo in volume (Capitolo o Saggio)
Language:
Inglese
Format:
A Stampa
Book Title:
Law and Imagination in Troubled Times A Legal and Literary Discourse
Publisher:
Routledge
ISBN:
978-0-367-34411-5
Page numbers:
239-258
Keyword:
Constitutional Narratives
Short description of contents:
This chapter focuses on the challenges that lie ahead for the United Kingdom following Brexit. It contends that the sense of anxiety percolating through the Anglo-British constitution is triggered by a profound lack of legal imagination, and that such a lack is also a consequence of legal positivism. He proposes to resort to the British manufacturing tradition in order to sidestep such lack of imagination. Here, he identifies a twofold interaction between imagination and legislative process, which can usefully inform a transition into a new legal reality. Nicolini argues that anxiety can be sidestepped, if only we consider that both legal imagination and legislative action were conceived as a means for recovering public and shared values within British society. In his view, not only does the law organise society, but it also secures predictability by reforms – complementing legal imagination by giving the latter a rational form. To this extent, Britain has always been able to manage complexity by what Nicolini terms ‘acts of constitutional creativity’ deeply rooted in British legal culture. The history of Britain has always been a history of reimagination whereby the UK has developed a ‘complex’ constitutional system.
Note:
This chapter has grown out of, and benefited from responses to, papers I gave at the Annual Conference of the Society of Legal Scholars in 2018 (Queen Mary University of London), in Newcastle Law School in 2019 (to the Eldon Society), and in City University’s Law School (while participating in a symposium on Law in Troubled Times in 2019). I have also benefited from the responses to earlier drafts of this chapter made by Nicolas Besly, Francesco de Cecco, Ruth Houghton, Richard Mullender, and Ian Ward.It pertains to the activities of the Research Team on ‘Decision-making processes and sources of law,’ which is part of the research excellence project Law, Changes and Technology,’ Ministry of Education, and carried out by the Law School of the University of Verona.
Product ID:
114876
Handle IRIS:
11562/1019343
Last Modified:
June 30, 2020
Bibliographic citation:
Nicolini, M., Against the failure of the legal imagination. Literary narratives, Brexit and the fate of the Anglo-British constitution Law and Imagination in Troubled Times A Legal and Literary DiscourseRoutledge2020pp. 239-258

Consulta la scheda completa presente nel repository istituzionale della Ricerca di Ateneo IRIS

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