The Image of Law: Deleuze, Bergson, Spinoza

The Image of Lawis the first book to examine law through the thought of twentieth-century French philosopher Gilles Deleuze. Lefebvre challenges the truism that judges must apply and not create law. In a plain and lucid style, he activates Deleuze's key themes--his critique of dogmatic thought, theory of time, and concept of the encounter--within the context of adjudication in order to claim that judgment has an inherent, and not an accidental or willful, creativity. The book begins with a critique of the neo-Kantian tradition in legal theory (Hart, Dworkin, and Habermas) and proceeds to draw on Bergson's theory of perception and memory and Spinoza's conception of ethics in order to frame creativity as a necessary feature of judgment.

Alexandre Lefebvre is a Postdoctoral Fellow at the Faculty of Law, McGill University.

Preface	p. xi
Abbreviations	p. xvii
The Dogmatic Image of Law	p. 1
The Judge as Schema: Hart	p. 5
How Does Law Work? Hart's Critique of Austin	p. 8
Subsumption in the Critique of Pure Reason	p. 12
Schematism and Choice in Adjudication	p. 14
Reflective Judgment and the Law with Organs: Dworkin	p. 22
The Principle of Principle	p. 22
Purposive Interpretation	p. 26
Elegantia Juris: Integrity and the Lawfulness of the Contingent	p. 29
Natural Purposes: The Law with Organs	p. 33
Communication, Judgment, Retrospection: Habermas	p. 37
Habermas: Communicative Kantian	p. 37
A Deleuzian Reply	p. 41
Reply: Application Discourses	p. 42
The Image of Law: Bergson and Time	p. 51
Deleuze and the Critique of Law	p. 53
Jurisprudence vs. Law	p. 53
Critique of Dogmatism in Law and Judgment	p. 59
The Transcendental Encounter (Transcendental Empiricism)	p. 72
Critique of Communication	p. 77
Critique of Human Rights	p. 82
The Time of Law I: Evolution in Holmes and Bergson	p. 88
Bergson: Time as Invention (Internal Difference and Differentiation)	p. 91
Holmes: Evolution and the Time of Law	p. 96
All Is Given: The Possible in Dworkin and Habermas	p. 107
The Time of Law II: Bergson, Perception, and Memory	p. 114
Pure Perception: Image and the Case as Image	p. 117
The Pure Past and the Four Paradoxes of Time	p. 126
Two Weak Points of Legal Pragmatism	p. 137
The Time of Law III: Judgment sub specie durationis	p. 143
The Pure Past of the Law and the Law without Organs	p. 144
Actualizing the Pure Past of Law	p. 152
Inattentive Judgment	p. 162
Attentive Judgment	p. 173
Griswold and Attentive Judgment	p. 190
Spinoza and Practice	p. 197
Three Spinozist Themes in a Deleuzian Jurisprudence	p. 201
Spinoza's Physics in Deleuze's Philosophy of the Concept	p. 201
Delgamuukw I: Creation of a Legal Concept (Aboriginal Title)	p. 207
Duration in Spinoza	p. 218
Delgamuukw II: The Creation of Problems as the Power of Adjudication	p. 226
Immanence and Expression	p. 238
Summation: The Image of Law	p. 251
Notes	p. 259
Cases Cited	p. 287
Bibliography	p. 289
Index	p. 301
Table of Contents provided by Ingram. All Rights Reserved.

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The Image of Law: Deleuze, Bergson, Spinoza

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