The Example of Undressing: Obnubilations on the Empty Space of the Rule

Publication Date

Fall 2018

Journal

Law & Literature

Abstract

The legal example is used in large part to dress the rule. A naked norm, for common lawyers, is simply an abstraction, an unbrageous nebulosity that needs its particulars, its cases, to have meaning, impact and thought. Using the paradoxical example of nakedness the essay examines the inability of British and European courts candidly to address the undressed. Nakedness is here examined as an instance of undressing the law, of stripping and streaking the norm.

Volume

30

Issue

3

First Page

409

Last Page

422

Publisher

Routledge

DOI

https://doi.org/10.1080/1535685X.2017.1379178

Keywords

Rule, example. habitus and habit, Stephen Gough, public order, contempt of court, human rights, limits of law

Disciplines

Law | Legal Remedies

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