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Seminar: Comparative Legal History and Legal Creativity, Professor Filippo Valguarnera, Stockholm University
May 26, 2020 @ 1:00 pm - 3:00 pm
Of course, there are few jurists, especially in academia, that would deny that legal analysis requires creativity, but what kind of creativity? Roberto Unger, in What Should Legal Analysis Become?, argues polemically that legal scholars are generally content with polishing small portions of their preferred subjects, displaying a sever lack of what he calls “institutional imagination”, i.e. the capacity to re-imagine and reshape fundamental institutions of democracy and market economy. Is he correct? How can creativity be understood in the context of legal scholarship? How does the notion of creativity interact with some major theoretical issues, such as the relationship between law, politics and society? The topic is obviously vast, and the seminar will therefore focus mainly on the contributions that comparative legal history can give in terms of achieving a better understanding of the notion of legal creativity as well as fostering creativity in law.