-
The Gap between Fairness and Law: Hamlet and Equity from a Cognitive Perspective
- Author(s):
- Ellen Spolsky (see profile)
- Date:
- 2020
- Group(s):
- TC Cognitive and Affect Studies, TM Language Theory, TM Literary Criticism
- Subject(s):
- Revenge tragedies, Shakespeare, William, 1564-1616, English drama, Sixteenth century, Seventeenth century, Law and literature, Equity, Psychology and literature, Cognitive psychology
- Item Type:
- Article
- Tag(s):
- predictive processing hypothesis, Christopher Saint German, Hamlet, Shakespeare and early modern drama, Cognitive literary studies
- Permanent URL:
- http://dx.doi.org/10.17613/fs83-2268
- Abstract:
- This essay explores the gap between the abstract ideal of fairness and the bodily materiality of retribution. My aim is to suggest how some current cognitive science affords a helpful way of talking about the breaks between abstractions, or thoughts of fairness, and the judgments and punishments produced by actual legal systems. It is remarkably easy for creatures with brains like ours to leap over the gap, to close the rift between abstractions and their embodiments, but there is an inevitable fissure between abstract and concrete in the social contract of laws. My discussion triangulates among evidence from Shakespeare's revenge play, Hamlet, from early modern discussion about equity law, and from relevant cognitive theory.
- Metadata:
- xml
- Published as:
- Book chapter
- Status:
- Published
- Last Updated:
- 3 years ago
- License:
- All Rights Reserved
- Share this:
Downloads
Item Name: 
the-gap-between-fairness-and-law..htmDownload View in browser Activity: Downloads: 79
An online community for ASEEES members