Sensing the Nation's Law : Historical Inquiries Into the Aesthetics of Democratic Legitimacy

Présentation de l'éditeur : "This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” - analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy." Acknowledgements 6 Contents 7 Editors and Contributors 9 1 Introduction 11 Abstract 11 References 17 Revolution, Constitution, Republic 19 2 Monument, Portrait, Tableau: Making Sense of and with Jacques-Louis David’s Tennis Court Oath 20 Abstract 20 2.1 Introduction: The Revolutionary Moment? 20 2.2 Monument 25 2.3 Portrait 33 2.4 Tableau 41 2.5 Conclusion: “Actors in Waiting”? 48 Acknowledgements 50 References 50 3 The Quest for the Decisive Constitutional Moment (DCM) 53 Abstract 53 3.1 Introduction 53 3.2 Defining a DCM 56 3.2.1 Decisive: Cartier-Bresson’s Decisive Moment 56 3.2.2 Constitutional: Ackerman’s Constitutional Moment 57 3.2.3 Moment: Visual Narration of a Story and a Moment 59 3.2.4 A Definition for the DCM 62 3.3 The Medium Constitutes the Message 63 3.3.1 (Wall-)Painting, Prints and Photography 63 3.3.2 Medals 64 3.3.3 Sculpture 69 3.3.4 Moment, Medium and Message 71 3.4 Moment into Monument: The 1849 Congress Column Competition in Belgium 72 3.4.1 The 1849 Competition 72 3.4.2 A Plenitude of Choices 73 3.4.3 The Final Choice: Living in the Moment 84 3.5 Conclusion 88 Acknowledgements 89 References 89 4 Courbet and the Nude Republican Master 93 Abstract 93 4.1 Introduction 94 4.1.1 Duelling Masters 94 4.1.2 Courbet, The Studio and Iconology 97 4.2 The King and The Artist: A Political Allegory 99 4.3 Discovering Marianne 102 4.3.1 The Ideological Context of Art and French Liberty 102 4.3.2 Disguising Marianne 105 4.4 The Studio Under the Gaze of the Law 109 4.4.1 Jurisprudence 109 4.4.2 The Iconology of the Artist as Amanuensis 110 4.4.3 Civilised Landscape and Natural Law 111 4.5 A Lacanian Artist and Legal Subject Formation 112 4.5.1 The Studio as an Image of Symbolic Castration 112 4.5.2 My Enemy’s Enemy 114 4.5.3 Nude Law and Jouissance 115 4.6 The Modern Genius Reinstated After All 118 References 119 The Aesthetic Constitution of Office 123 5 Justice Petrified: The Seat of the Italian Supreme Court between Law, Architecture and Iconography 124 Abstract 124 5.1 Law and the City in Context: From the “Sanctuary of Justice” to er Palazzaccio 125 5.2 Giuseppe Zanardelli and the Pivotal Year 1889 128 5.2.1 Giordano Bruno in Campo de’ Fiori 129 5.2.2 The New Criminal Code 131 5.2.3 Justice in Piazza Cavour 133 5.2.4 A Wind of Change? New Palaces of Justice in Nineteenth-Century Europe 134 5.2.5 Outside Italy 135 5.2.6 The Failing Projects for the Italian Palace of Justice: Looking for a “National Style” 137 5.2.7 Zanardelli’s Concept and Calderini’s Vision 141 5.3 Talking Statues: The Legal-Historical Iconography of the Supreme Court 144 5.3.1 From Pasquino to Ulpian 145 5.4 A Procession of Orators and Jurists 148 5.5 Conclusion: From Hyper-symbolism to Hypo-symbolism 152 References 157 6 Visual Rhetoric as “A Space-in-Between”: Semiotic Account of French Official Presidential Photographs 160 Abstract 160 6.1 Third Space as A Space-in-Between in Visual Rhetoric 160 6.1.1 Visualizing Effectively Presidential Photographs 162 6.1.2 Visual Elements as Consensual Symbolism 163 6.2 French Presidential Photographs as Elements of Visual Persuasion 165 6.2.1 Charles de Gaulle (1958–1969) and Georges Pompidou (1969–1974) 166 6.2.2 Valéry Giscard d’Estaing (1974–1981) 169 6.2.3 François Mitterrand (1981–1995) 170 6.2.4 Jacques Chirac (1995–2007) 173 6.2.5 Nicolas Sarkozy (2007–2012) 174 6.2.6 François Hollande (2012–2017) 176 6.3 Official Photographs as Symbols of the French Heritage 177 References 178 Untimely Reflections on the Nation’s Law 180 7 Here and Now: From “Aestheticizing Politics” to “Politicizing Art” 181 Abstract 181 7.1 The Work of Art 181 7.2 Myth, Legend and Utopia 184 7.3 Eternity and Contingency 189 References 194 8 A Hypothesis on the Genealogy of the Motto “In God We Trust” and the Emergence of the Identity of the Church 197 Abstract 197 8.1 Introduction—In God We Trust 198 8.2 Common Identity Through Common Trust 199 8.3 The Context of the Pastoral Epistles 201 8.4 Genealogy of the Deposit 206 8.5 Administrating the Immaterial 212 8.6 In God We Trust 214 References 217 Out of Many, One 219 9 Appreciation or Appropriation? An Indigenous Moment in the American Numismatic Narrative (1999–2009) 220 Abstract 220 9.1 Numismatic Constructions of Community 221 9.2 Coins as Legal Aesthetic and Cultural Text 223 9.3 State and Territorial Quarters Programs 226 9.4 Folk Legality and Nostalgic Jurisprudence 228 9.5 Appropriation of Indigeneity 230 9.6 Appreciation of Indigeneity 232 9.7 Concluding Remarks 237 References 239 10 Internormative Gastronomies: Law, Nation and Identity 241 Abstract 241 10.1 Food and the Polity: Law, Nation and Identity 242 10.2 Loosening I: Identity and Nation 245 10.3 Loosening II: Nation and Law 252 10.4 Loosening III: Law and Identity 257 10.5 Nomos Negotiated 260 References 263 Consensus 266 11 Aesthetic Mediation: Towards Legitimate Power 267 Abstract 267 11.1 Modernity and Mediation: Ontology of the Nation-State 267 11.1.1 Representing a Legal and Political Identity 270 11.1.2 The Function of the Image in Modernity 272 11.1.3 The Fiction of Modern Sovereignty 272 11.2 Perceptual Knowledge, Intellectual Knowledge 275 11.2.1 Exemplary Representation 276 11.2.2 Abstract, Concrete 277 11.2.3 Particular, General 278 11.2.4 The Historicity of the Representation: The Micro and the Macro Perspective 279 11.2.5 The Eruption of Microhistory 282 11.3 Conclusion. Grasping, Representing and Extending the Decisive Moment 283 References 285 Front Matter ....Pages i-x Introduction (Mark Antaki, Angela Condello, Stefan Huygebaert, Sarah Marusek)....Pages 1-8 Front Matter ....Pages 9-9 Monument, Portrait, Tableau: Making Sense of and with Jacques-Louis David’s Tennis Court Oath (Mark Antaki, Catherine Le Guerrier)....Pages 11-43 The Quest for the Decisive Constitutional Moment (DCM) (Stefan Huygebaert)....Pages 45-84 Courbet and the Nude Republican Master (Oliver Watts)....Pages 85-114 Front Matter ....Pages 115-115 Justice Petrified: The Seat of the Italian Supreme Court between Law, Architecture and Iconography (Stefania Gialdroni)....Pages 117-152 Visual Rhetoric as “A Space-in-Between”: Semiotic Account of French Official Presidential Photographs (Anne Wagner)....Pages 153-172 Front Matter ....Pages 173-173 Here and Now: From “Aestheticizing Politics” to “Politicizing Art” (Desmond Manderson)....Pages 175-190 A Hypothesis on the Genealogy of the Motto “In God We Trust” and the Emergence of the Identity of the Church (Paolo Napoli)....Pages 191-212 Front Matter ....Pages 213-213 Appreciation or Appropriation? An Indigenous Moment in the American Numismatic Narrative (1999–2009) (Sarah Marusek)....Pages 215-235 Internormative Gastronomies: Law, Nation and Identity (Richard Mohr, Nadirsyah Hosen)....Pages 237-261 Front Matter ....Pages 263-263 Aesthetic Mediation: Towards Legitimate Power (Angela Condello)....Pages 265-284 Présentation de l'éditeur : "This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” - analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy." This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are "imagined" this book suggests that their "rightfulness" must be "sensed"--Analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.-- Provided by publisher Annotation This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are "imagined" this book suggests that their "rightfulness" must be "sensed"--Analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy