AGON IN THE ADMINISTRATIVE STATE: THE ART OF MISREADING IN REGULATORY LAW

View of the ancient agora. The temple of Hephaestus is to the left and the Stoa of Attalosto the right. Image source Wikipedia. I claim no copyright.

Introduction

I. Psychological Basis on Literature and Art — Harold Bloom and The Anxiety of Influence

In discussing the psychological basis of literature in his work The Anxiety of Influence outlining his somewhat Hegelian dialectical approach the Jungian archetypes found literature, Harold Bloom quotes Oscar Wilde:

The entrance to the Odeon of Agrippa. Image source Wikipedia. I claim no copyright.

II. Freudian Psychoanalytic Basis for Literary Interpretation

Professor Yoshino argues the tools Bloom provides can be applied to areas outside of literature: “Since Bloom’s revisionary ratios are simply rhetorical devices to overcome precedent, they are not limited to the literary field. Cole’s argument finds support in Bloom’s statement that his theory of poetic influence represents “part of the larger phenomenon of intellectual revisionism,” which includes “political theory, psychology, theology, law, [and] poetics.”[4]

III. Summary of David Cole’s Analysis of Bloom’s Revisionary Ratios Applied to Case Law

David Cole argues that the poetic functions of the revisionary ratios in interpreting poetry are mirrored in the legal functions of incorporating precedent.[9] Cole writes that in revising the standpoint of prior precedent, even slightly, through judicial adherence to stare decisis allows for precedential incorporation. Extreme revisionary action on prior judgments leads to an antithetical struggle where precedent is overruled.[10]

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Charles Lincon

Charles Lincon

Renaissance literature, Shakespeare, Hegelian dialectics, Attic Greek, masters University of Amsterdam.