Book contents
- Frontmatter
- Contents
- Acknowledgements
- 1 Le mot juste
- 2 Life plus ninety-nine years: the fantasy of legal fictions
- 3 Time's desire: the temporality of justice
- 4 One touch of nature: literature and natural law
- 5 The course of a particular: justice and singularity
- 6 Truth, justice, and the pathos of understanding
- 7 Conclusion: legal fictions
- Notes
- Bibliography
- Index
5 - The course of a particular: justice and singularity
Published online by Cambridge University Press: 07 May 2010
- Frontmatter
- Contents
- Acknowledgements
- 1 Le mot juste
- 2 Life plus ninety-nine years: the fantasy of legal fictions
- 3 Time's desire: the temporality of justice
- 4 One touch of nature: literature and natural law
- 5 The course of a particular: justice and singularity
- 6 Truth, justice, and the pathos of understanding
- 7 Conclusion: legal fictions
- Notes
- Bibliography
- Index
Summary
The leaves cry. It is not a cry of divine attention,
Nor the smoke-drift of puffed-out heroes, nor human cry.
It is the cry of leaves that do not transcend themselves,
In the absence of fantasia, without meaning more
Than they are in the final finding of the ear, in the thing
Itself, until, at last, the cry concerns no one at all.
(Wallace Stevens, “The Course of a Particular,” Palm 367)In the first chapter I noted how David Hume traces the provenance of justice to an experience of natural scarcity. The notion of equity arises, he speculates, as a practical means of coping with a world where there is not enough food, shelter, or property to satisfy everyone, prompting the need for a regulatory system governed by principles and enacted through laws. A state of permanent abundance – recall the bounty of Huck Finn's six-foot catfish – would make justice irrelevant, since there would be no need either to be possessive or to share. At the other extreme, a state of utter deprivation would impose a perpetual emergency in which justice would be ineffectual. The former would have no need for justice, the latter no use for it. In both, “[b]y rendering justice totally useless, you thereby totally destroy its essence, and suspend its obligation upon mankind” (Hume 16).
- Type
- Chapter
- Information
- Poetic Justice and Legal Fictions , pp. 91 - 117Publisher: Cambridge University PressPrint publication year: 2010