Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

This essay is part of a larger project in which I construct a new, historically-informed, social justice-centered philosophy of dance, centered on four central phenomenological constructs, or “Moves.” This essay in particular is about the fourth Move, “resilience.” More specifically, I explore how Judith Butler engages with the etymological aspects of this word, suggesting that resilience involves a productive form of madness and a healthy form of compulsion, respectively. I then conclude by showing how “resilience” can be used in the (...) analysis of various Wittgensteinian “families” of dance, which in turn could facilitate positive educational changes in philosophy, dance and society, with particular efficacy on the axis of gender. In brief, by teaching a conception of strength as vulnerability (instead of machismo’s view of strength as apathetic “toughness”), a pedagogy of dancing resilience provides additional support for feminists (including Anzaldúa, Haraway, Butler and Concepción) who advocate a cautious openness toward seemingly-unlikely resources and allies (including analytic methodologies, Machiavellian politics, and the discourses of the natural sciences). (shrink)