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)

I argue that when we use email, text messaging, or social media websites such as Facebook to interact, rather than communicating face-to-face, we do not experience the best kind of empathy, which is most conducive to experiencing benevolence for others. My arguments rely on drawing interdisciplinary connections between sources: early modern accounts of sympathy, dance theory, philosophy of technology, and neuroscience/psychology. I reflect on theories from these disciplines which, taken together, suggest that to empathize optimally, we must see or hear (...) each other’s bodily gestures, vocal intonations, and facial expressions. (shrink)