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Pictorial Law : Modern Law and the Power of Pictures - Volker Boehme-Nessler

Pictorial Law

Modern Law and the Power of Pictures

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Published: 24th October 2010
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We live in a digital Media Society, in which pictures are becoming more and more important. So, human communication is increasingly becoming a visual communication. That is not a new finding. But the new question is: What does this development mean for the law? Up to now the law is the part of the society which is most sceptical towards images. Law has still resisted the visual temptation. This will not last for ever. The rush of pictures in everyday life and in every part of the society is much too strong - and it is even getting stronger. The invasion of images will change the character of modern law deeply. Modern law will become a Pictorial Law.What are the chances and the risks of Pictorial Law and visual law communication? This is the topic of the book.

Caught Between Technophilia and Technophobia: Culture, Technology and the Lawp. 1
Interaction - Technology and Culturep. 1
Technology: The Product of Culture?p. 2
Culture: The Product of Technology?p. 4
Technological Imperative or Transformational Power of Law?p. 7
The Standard-Setting Power of Technology. How Technology Changes the Lawp. 8
The Technical Force of Standard-Setting. How Laws Change Technologyp. 10
Bibliographyp. 15
Cultural Technology and the Law - The Example of Writingp. 19
Language as a Tool for Thinkingp. 19
From Speaking to Writingp. 21
Societies Without Writing: Thinking Without Writingp. 21
Literate Societies: Thinking by Writingp. 24
Gutenberg - and his Effectsp. 29
The Manuscript Culture: Single Copies of Booksp. 29
Gutenberg's Revolution: Books as a Mass Mediump. 30
Democracy Without Books?p. 31
Speak in Judgement or Write Laws - from Spoken to Written Lawp. 32
The Rule of Lawp. 33
The Idea of the Self - Equality and Subjective Rights Enter the Lawp. 34
Written Sources of Law - and their Effectsp. 36
Law Suits - Reduction of Scope and Clear Decisionsp. 39
Written Law - An Ambivalent Heritagep. 41
Bibliographyp. 44
The Power of Imagesp. 51
Pictorial Turn - From a Culture of Writing to a Culture of Picturesp. 51
The End of Writing?p. 53
What Is an Image - and What Does It Do?p. 54
Copy or Construct: How Are Images Received?p. 58
Images as Tools for Communicationp. 59
Hurry, Hurry - The Speed of Visual Communicationp. 59
Looking at Images - Visual Communication Is Concretep. 60
I See - The Subjectivity of Visual Communicationp. 62
Excursus: Collective Memoryp. 63
Images Are Touching - The Emotionality of Visual Communicationp. 64
What Is the Painter's Message? The Ambiguity of Visual Communicationp. 69
At a Glance - Conciseness of Visual Communicationp. 72
One Image or a Thousand Words? - On the Superiority of Imagesp. 73
Dual Encoding. How Images Are Processedp. 73
Biological Basis: A Hierarchy of Sensesp. 74
Images Are Better! Are Images Better?p. 75
Images: Communication Sans Frontieres?p. 76
Do All Images Lie?p. 77
Credibility of Images - An Illusion?p. 77
Photoshop & Co. - Image Manipulation in the Digital Agep. 79
Healthy Mistrust - On the Evaluation of Images in the Digital Erap. 81
Text and Images: Combine and Competep. 82
Language Imagery - The Vividness of Languagep. 83
Image Stories - The Narrative Skill of Imagesp. 85
Complementarity and Competitionp. 86
The Anarchy of Imagesp. 88
Words Versus Images - Control or Freedom?p. 88
Law's Scepticism About Images - A Reaction to the Anarchy of Images?p. 90
Bibliographyp. 90
The Law and Images - A Difficult Relationshipp. 101
Where Have All the Images Gone? - Modern Law Without Imagesp. 101
Between Idolatry and Iconoclasm - Images in Societyp. 101
Deeply Sceptical - Modern Law and Imagesp. 105
Sola Scriptura - The Logocentric Bias of Lawp. 106
Symbols - Searching for Images in Lawp. 107
Symbolsp. 108
Symbols in Lawp. 109
Symbolic Lawp. 112
Changing a Paradigm? - Images in Modern Lawp. 115
The Strange View - Images of Justicep. 118
(Legal) Image and (Legal) Realityp. 118
Judge Joseph Wapner Says Hellop. 120
Public Opinion as Judge? The Law Under Pressure from Public Opinionp. 121
Lack of Confidence? When Justice Does Not Meet Expectationsp. 124
Ability to Convince - Opportunities for Visual Legal Communicationp. 126
Images as Eye-Catchers: More Attention on the Argumentp. 126
Form Follows Function? Images in Judicial Forms of Languagep. 127
Fast Law Is Good Law: Speeding up Legal Communicationp. 129
No Point in Contradicting. The Imperative of Imagesp. 130
Can You Believe Images? Images as Evidencep. 131
Farewell Abstraction?p. 132
Abstraction in the Law - Importance and Limitsp. 132
Taking Each Case on Its Merits - The Opposite of Abstractionp. 133
Faces and Stories - Making the Law Personalp. 134
Fear of Closeness? Emotions in Legal Communicationp. 137
Disorderly Thinking? - Successivity and Associativityp. 138
Bibliographyp. 139
Fuzzy Communication: Composition and Performance of the Lawp. 151
Fuzzy Control - How Can Visual (Legal) Communication Be Guided?p. 151
Performance and Composition - The Classical Means of Visual Communicationp. 152
Painting, Graphics, Photography - How Are Images Composed?p. 153
Theatre, Film, Television - How Are Moving Images Performed?p. 154
Drama, Baby, Drama! - Visual Communication in Televisionp. 155
Image Sciences as Teacher - The Composition of Legal-Imagesp. 157
Applied Theatre Studies - Performing Legal Processesp. 158
Stage-Managing the Law - Why?p. 158
Being Serious and Authentic - The Performance of the Lawp. 161
Rituals - The Condensing of Performancep. 166
Legal Rituals - Performance and Emotion in the Lawp. 171
On the Dangers of Performancesp. 175
Bibliographyp. 176
Understanding Images - The Interpretation of Visual Legal Communicationp. 183
What's to Be Done? - Overstretching Legal Dogmaticsp. 183
Learning from Art History - What Can Images Tell Us?p. 184
Learning from the Theory of the Theatre - Interpretation of Moving Legal Imagesp. 186
How Should Moving Images Be Understood?p. 187
Performance Analysis - A New Method of Legal Interpretationp. 188
Not Chance, but Necessity - Cross-Border Interpretationsp. 190
Bibliographyp. 191
Visual Law - The Law as Drama?p. 193
Entertainment - Images in the Mediap. 193
Overlaps - Image Logic and Tabloid Logicp. 193
The Show Must Go on - The Logic of Televisionp. 194
Between Enlightenment and Dumbing-Down - Opportunity and Risk of the Entertainment Paradigmp. 199
Politics as Drama - A (Dissuasive?) Examplep. 200
Symbiosis - Politics and Televisionp. 201
Theatrification - Another Kind of Politicsp. 204
Politainment: Less Democracy - Or More?p. 205
The Law as Entertainment? - The Logic of Entertainment and the Lawp. 207
Hit the Ratings With the Law?p. 208
Speculation: Scandal and the Lawp. 209
Limited Independence - The Law's Media and Image Resistancep. 209
Bibliographyp. 212
Words and Images in the Law - Looking for the Lost Balancep. 217
Writing and Text: A Basis for the Legal System?p. 217
Images in the Law - Opportunities and Risksp. 218
Words and Images - Useful Complementarity and Mutual Reinforcementp. 219
Images or Not? The Law in a Dilemmap. 220
Bibliographyp. 221
Indexp. 223
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9783642118883
ISBN-10: 3642118887
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 226
Published: 24th October 2010
Publisher: Springer-Verlag Berlin and Heidelberg Gmbh & Co. Kg
Country of Publication: DE
Dimensions (cm): 23.5 x 15.5  x 1.91
Weight (kg): 1.13