Law and Literary Imagination: The (Im)Possibility of a Legal-Decision Model in the Arguments of A. Castanheira Neves and Martha C. Nussbaum


Editora Juspodivm, ISBN 978-85-62756-25-2, p. 211-230, Salvador, 2012, 259p.

What is the meaning of Law in legal thinking today? Are legal experiences still possible/required as such? Are legal professionals still indispensable, or do they belong to the reality of another era? These are some of the questions put forward with originality/extremism by A. Castanheira Neves, and discussed, all, at the Ouro Preto International Seminar of Legal Philosophy in 2008, which brought together Brazilian and Portuguese authors alike interested in his work. Coordinated by professors Antonio Sá da Silva and Nuno M.M.S. Coelho, the book brings, in this particular chapter, the former’s contribution to the debate, and focuses on the issue concerning which method should be used by judges in resolving legal controversies, specifically on whether or not legal professionals can learn something from the poets – on the one hand, the American author responds positively; on the other, the Portuguese author rejects this application. Each of them has serious reasons to defend his or her position.

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