November 22, 2018

ICYMI: Davison-Vecchione on How the EU Is Like the Marvel Universe @dejdavisonvec

ICYMI: Daniel Davison-Vecchione, Department of Sociology, University of Cambridge, has published How is the EU like the Marvel Universe? Legal Experientialism and Law as a Shared Universe at 30 Law and Literature 185 (2017). Here is the abstract.
This article considers the ontological and epistemological questions about European Union (EU) law raised by the phenomenon known as constitutional pluralism, and the challenge this presents to theories of law based on the concept of a legal system. It does so by heuristically comparing the EU legal order and the “Marvel Universe” of Marvel Comics, as both an extension and critique of Ronald Dworkin's analogy between interpreting law and writing a chain novel. The article explicates the concept of a “storyworld” in narrative theory and discusses the Marvel Universe's significance in this respect. It then outlines the similarities between EU law and the Marvel Universe, using the concept of a storyworld to build and apply a theoretical framework that can move beyond orthodox views of constitutional pluralism. Lastly, the article uses these insights to begin laying the groundwork for a new theory of law termed “legal experientialism,” which understands law as an irreducible world that is both experienced and constructed through our collective interpretive practices.

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