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Imago Decidendi: On the Common Law of Images

Imago Decidendi: On the Common Law of Images

作者： Peter Goodrich
出版商： Brill Academic Publishers
ISBN: 9789004354333
出版时间 August 2017
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

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描述

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Taking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi, the figure or depiction that motivates judgment.

Drawing upon the history of legal humanism, and particularly the tradition of juristic emblems it is argued that an adequate understanding of case law rules and decisions requires attention to the imagery that conceives and propels the reasoned deliberation that follows.

To adequately apprehend the transmission of law in a digital age requires acknowledging that images think differently, that the ambulation of the eye in the image is very different to the linear glance of the text.

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