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Dr Maksymilian Del Mar, BA LLB (Qld), PhD (Edinburgh), PhD (Lausanne), Solicitor (Qld)

Maksymilian

Reader in Legal Theory

Email: m.delmar@qmul.ac.uk
Room Number: Mile End

Profile

Dr Maksymilian (Maks) Del Mar is Reader in Legal Theory and founding Co-Director of the Centre for Law and Society in a Global Context (CLSGC).

Dr Del Mar came to Queen Mary via undergraduate degrees in law, literature and philosophy at the University of Queensland (Australia). He has a PhD in Law from the University of Edinburgh (UK) and a PhD in Social Science from the University of Lausanne (Switzerland). Prior to commencing doctoral studies, he qualified and practised as a Solicitor in Queensland, including founding and managing the Legal Professional Ethics Project at the Queensland Law Society. He also served as Associate to the Hon. Justice Margaret White in the Supreme Court of Queensland.

Dr Del Mar has broad research interests in legal theory. These include legal reasoning, law and humanities (especially literature and the visual arts), transnational legal theory, the history of legal thought, legal education, historical jurisprudence, and the methodology of legal theory. At present, he is particularly interested in the aesthetics of legal thought, including imagination and emotion.

Dr Del Mar is currently writing two monographs: Artefacts of the Legal Mind: The Role and Value of the Imagination in Legal Thought (for Bloomsbury / Hart), and Neil MacCormick (for Stanford University Press).

Past editorial projects include: New Waves in the Philosophy of Law (2011); Beyond Text in Legal Education (2 volumes, with Zenon Bankowski and Paul Maharg, 2013); Legal Fictions in Theory and Practice (with William Twining, 2015); Authority in Transnational Legal Theory (with Roger Cotterrell, 2016); and Law in Theory and History (with Michael Lobban, 2016). In-progress editorial projects include The Oxford Handbook of Law and Humanities (with Bernadette Meyler and Simon Stern), and Virtue, Emotion and Imagination in Legal Reasoning (with Amalia Amaya).

Dr Del Mar has been President of the UK Branch of the International Association of Legal and Social Philosophy since 2011, and is the founding Co-Convenor of the International Network on Transnational Legal and Political Theory. He is Associate Academic Fellow of the Honourable Society of the Inner Temple, and a Member of the Advisory Board of the Centre for the History of Political Thought.

As of 2017, Dr. Del Mar is Co-Editor of the Law-in-Context series at Cambridge University Press (with Bronwen Morgan and William Twining).

Undergraduate Teaching

  • LAW4005 Elements of Contract Law (Tutorial)
  • LAW6021 Jurisprudence and Legal Theory

Postgraduate Teaching

Research

Dr Del Mar is currently working on:

  • Neil MacCormick: A Practical Philosophy, Stanford University Press
  • Imagination and Legal Cognition, Hart / Bloomsbury.

Funded research

Project: Neil MacCormick: Philosophy, Law and Politics

View the Neil MacCormick digital archive website.

Funding Source: Leverhulme Research Fellowship for 2013-2014

For more than thirty five years, Professor Sir Neil MacCormick (1941-2009) was Regius Professor of Public Law and the Law of Nature and Nations at the University of Edinburgh. He was also a leading figure in the Scottish National Party, including serving as a Member of the European Parliament. This project explores the relationship between MacCormick’s intellectual life as a legal philosopher of world-renown and his political life within both Scottish and European politics. Drawing, for the first time, on MacCormick’s private and Parliamentary papers, this project will examine the development of MacCormick’s philosophy of law alongside his political involvement. The project will culminate in the publication of a book, currently under contract with Stanford University Press, in their Jurists: Profiles in Legal Theory series.

Project: Creative Legal Skills Workshops

1 September 2012 to 30 August 2013

Amount: £19,954.61

Funding Source: Westfield Fund for Enhancing the Student Experience

Project outline: The project aims to develop a series of workshops that will use methods and resources from the visual and dramatic arts to teach legal skills. Two pilot workshops have already been held, both on ‘How to Read a Case’ (February 2013). Project members: the project is led by Dr Del Mar, who will work closely with Ms Rogalska, a visual artist and an educator at the Tate Gallery, and Ms Jacqueline Defferary, an experienced theatre and television actress and drama teacher.

Research collaboration

The Legal Mind Network

This network is an international collaboration between the Department of Law, Queen Mary University of London, the Faculty of Law at the University of Toronto and the PEARL Centre at the College of Law, Australian National University. The network explores the theory and history of legal reasoning and its teaching, under the heading of three concepts: Imagination, Communication and Cognition. A triad of workshops is planned:

  • London 2016: ‘Legal Reasoning and Imagination: History, Theory and Pedagogy’ (June, 2016, organiser Maksymilian Del Mar)
  • Canberra 2017: ‘Legal Reasoning and Communication: History, Theory and Pedagogy’ (June, 2017, organiser Paul Maharg)
  • Toronto 2018: ‘Legal Reasoning and Cognition: History, Theory and Pedagogy’ (June, 2018, organiser Simon Stern)

The aim of these events is to bring together scholars from a range of different disciplines all interested in legal reasoning – with a focus on discussing common themes as well as differences in the history and theory of the practice of legal reasoning and its teaching.  We shall consider what common themes might properly frame any discussion of the comparative history of legal reasoning and its teaching, including: the practice and teaching of communications (including rhetoric and advocacy); the variable influence of scientific and humanistic models on reasoning in the law; the relations between legal reasoning and reasoning about matters of proof; and the various so-called external influences (including economic, social and cultural) on legal reasoning and its teaching; and the intersections of cognition, brain and legal study, and the interface between human cognition and artificial cognition.

Publications

Dowload Maksymilian Del Mar CV [PDF 169KB]

Selected Publications

Under contract

  •  Imagination in Legal Thought, Hart Publishing / Bloomsbury, under contract and in progress
  • Neil MacCormick, for the Jurists: Profiles in Legal Theory series, Stanford University Press, under contract and in progress
  • The Oxford Handbook of Law and Humanities, with Simon Stern and Bernadette Meyler, under contract and in progress

2017

  •  ‘Philosophical Analysis and Historical Inquiry: Theorising Normativity, Law and Legal Thought’, in Markus Dubber and Christopher Tomlins (eds.), Oxford Handbook of Legal Historical Research, OUP, forthcoming
  • ‘The Role and Value of Coherence in Theories of Legal Reasoning’, (2017) Ratio Juris, forthcoming
  • ‘Common Virtue and the Perspectival Imagination: Adam Smith and Common Law Reasoning’, (2017) Jurisprudence (Special issue on ‘Virtue, Politics and Legal Reasoning’ (edited by C. Michelon and A. Amaya), forthcoming
  • ‘Imagination in Legal Thought: Abilities, Devices and their Comparative History’ (2017) 12(2) The Journal of Comparative Law (Special Issue in Honour of Geoffrey Samuel), forthcoming
  • ‘Legal Reasoning in Pluralist Jurisprudence: The Practice of the Relational Imagination’, in Andrew Halpin and Nicole Roughan (eds.), In Pursuit of Pluralist Jurisprudence, Cambridge University Press, 40-63
  • ‘On the Hinges of History: For a Relational Legal Historiography’, in Christopher Tomlins and Justin Desautels-Stein (eds.), Contemporary Legal Thought, Cambridge University Press, 61-79
  • ‘Metaphor in International Law: Language, Imagination and Normative Inquiry’ (2017) 86(2) Nordic Journal of International Law (Special Issue on ‘Language and International Law) 170-195
  • ‘Imagining by Feeling: A Case for Compassion in Legal Reasoning’ (2017) 13(2) International Journal of Law in Context (Special Issue on ‘Compassion and Law’, edited by D. Bedford and D. Feenan) 143-157

2016

  • Authority in Transnational Legal Theory: Theorising Across Disciplinary Borders, co-edited with Roger Cotterrell, Edward Elgar, 2016
  • Law in Theory and History: New Essays on a Neglected Dialogue, co-edited with Michael Lobban, Hart Publishing, 2016
  • ‘Beyond Universality and Particularity, Necessity and Contingency: On Collaboration between Legal Theory and Legal History’, in Del Mar and Lobban (eds.), Law in Theory and History, 2016, 22-38
  • ‘Modelling Law Diachronically: Temporal Variability in Legal Theory’, in Del Mar and Lobban (eds.), Law in Theory and History: New Essays on a Neglected Dialogue, Hart, 2016, 108-126
  • ‘Learning How to Read a Case: Resources and Activities from the Visual and Dramatic Arts’, in B. von Klink and B. de Vries (eds.), Academic Learning in Law: Theoretical Positions, Teaching Experiments and Learning Experiences, Edward Elgar, 2016, 244-266
  • ‘Introduction’, with Roger Cotterrell, for Cotterrell and Del Mar (eds.), Authority in Transnational Legal Theory, 2016, 1-23
  • ‘Concluding Reflections: Transnational Futures of Authority’, with Roger Cotterrell, for Cotterrell and Del Mar (eds.), Authority in Transnational Legal Theory, 2016, 387-404
  • ‘Imaginaries of Authority: Towards an Archaeology of Disagreement’, for Cotterrell and Del Mar (eds.), Authority in Transnational Legal Theory, 2016, 220-251
  • ‘The Natural and the Normative: The Distinction, not the Dichotomy between Facts and Values in a Broader Context’, in Sanne Taekema and Bart van Klink (eds.), The Development of Law: Creating Legal Facts and Norms Through Interdisciplinary Research, Edward Elgar, 2016, 224-241

2015

  • Legal Fictions in Theory and Practice, co-edited with William Twining, Springer, 2015
  • ‘Introducing Fictions: Examples, Functions, Definitions and Evaluations’, in Del Mar and Twining (eds.), Legal Fictions in Theory and Practice, Springer, 2015, ix-xxxv
  • ‘Legal Fictions and Legal Change in the Common Law Tradition’, in Del Mar and Twining (eds.), Legal Fictions in Theory and Practice, Springer, 2015, 225-254
  • ‘The Forward-Looking Requirement of Formal Justice: Neil MacCormick on Consequential Reasoning’ (2015) 6(3) Jurisprudence 429-50
  • ‘Must We Play to Win? A Reply to Morgan’ (2015) 45 Philosophy of the Social Sciences 266-272

2014

  • Legal Theory and Legal History: Contemporary Legal Theory, Series 2, Volume 1, co-edited with Michael Lobban, Ashgate, 2014
  • Legal Theory and the Humanities: Contemporary Legal Theory, Series 2, Volume 2, co-edited with Peter Goodrich, Ashgate, 2014
  • Legal Theory and the Natural Sciences: Contemporary Legal Theory, Series 2, Volume 3, co-edited with Burkhard Schafer, Ashgate, 2014
  • ‘Images of Borders and the Politics and Legality of Identity’, with Zenon Bankowski, in Richard Nobles and David Schiff (eds.), Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell, Ashgate, 2014, 61-77
  • ‘Beyond the State in and of Legal Theory’, in Sean Donlan and Lukas Heckendorn-Urscheler (eds.), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives, Ashgate, 2014, 19-41
  • ‘Learning from W.D. Lamont: Towards a Science of Situated Judgement’, in Ross Anderson, James Chalmers, and Johnnie MacLeod (eds.), Festschrift in Honour of the Tercentenary of the Regius Chair in Law, Glasgow Law School, Edinburgh: Avizandum, 2014, 105-124
  • ‘Legality as Relative Institutionalisation: MacCormick’s Diffusionism and Transnational Legal Theory’ (2014) 5(2) Transnational Legal Theory 177-217
  • ‘Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity’ (2014) 5(1) Jurisprudence 177-89

2013

  • The Anxiety of the Jurist: Legality, Exchange and Judgement, co-edited with Claudio Michelon, Ashgate, 2013
  • The Moral Imagination and the Legal Life: Beyond Text in Legal Education, co-edited with Zenon Bankowski, Ashgate, 2013
  • The Arts and the Legal Academy: Beyond Text in Legal Education, co-edited with Zenon Bankowski and Paul Maharg, Ashgate, 2013
  • Special Issue on Legal Fictions (2013) 9(4) International Journal of Law in Context 437-519
  • Special Issue on Exemplary Narratives in Law and Legal Reasoning, co-edited with Randy Gordon (2013) 25(3) Law & Literature 331-482
  • Symposium on the Human Right to Subsistence, co-edited with Rowan Cruft (2013) 30(1) Journal of Applied Philosophy 53-100
  • ‘Thinking in Images in Legal Theory’, in Del Mar and Michelon (eds.), The Anxiety of the Jurist: Legality, Exchange and Judgement, Ashgate, 2013, 43-67
  • ‘The Education of Attention and Encounter in the Legal Academy’, in Bankowski and Del Mar (eds.), The Moral Imagination and the Legal Life: Beyond Text in Legal Education, Ashgate, 2013, 33-63
  • ‘Recovering Legal Fictions: An Introduction to the Special Issue’ (2013) 4 International Journal of Law in Context 437-441
  • ‘Legal Fictions and Legal Change’ (2013) 4 International Journal of Law in Context 442-465
  • ‘Exemplarity and Narrativity in the Common Law Tradition’ (2013) 25(3) Law & Literature 390- 427

2012

  • ‘The Works of Neil MacCormick: A Complete Bibliography and a Bibliographical Essay on Scottish Themes’, in Neil Walker (ed.), MacCormick’s Scotland, Edinburgh: Edinburgh University Press, 2012, 25-69
  • ‘Relational Jurisprudence: Vulnerability between Fact and Value’ (2012) 2 Law and Method 63-81
  • ‘The Smithian Categorical Imperative: How MacCormick Smithified Kant’ (2012) 98(2) Archiv für Rechts- und Sozialphilosophie 233-254

2011

  • New Waves in Philosophy of Law, Palgrave Macmillan, 2011
  • ‘Legal Understanding and the Affective Imagination’, in Caroline Maughan and Paul Maharg (eds.), Affect and Legal Education, Surrey: Ashgate, 2011, 177-193
  • ‘Introduction’, in New Waves in Philosophy of Law, Palgrave Macmillan, 2011, 1-27
  • ‘The Torch of Art and the Sword of Law: Between Particularity and Universality’, with Zenon Bankowski, in Oren Ben-Dor (ed.), Law and Art: Ethics, Aesthetics and Justice, London: Routledge, 2011, 163-174
  • ‘What Does History Matter to Legal Epistemology?’, (2011) 5 Journal of the Philosophy of History 383-405
  • ‘Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy’ (2011) 30(1) Law & Philosophy 105-140
  • ‘Marmor’s Social Conventions: The Limits of Practical Reason’ (2011) 41(3) Philosophy of the Social Sciences 420-445

2010

  • The Methodology of Legal Theory: Library of Essays in Contemporary Legal Theory Volume I, co-edited with Michael Giudice and Wil Waluchow, Ashgate, 2010
  • Legal Theory and the Social Sciences: Library of Essays in Contemporary Legal Theory Volume II, co-edited with Michael Giudice, Ashgate, 2010
  • Legal Theory and the Legal Academy: Library of Essays in Contemporary Legal Theory Volume III, co-edited with William Twining and Michael Giudice, Ashgate, 2010
  • ‘Beyond Text in Legal Education: Art, Ethics and the Carnegie Report’ (2010) 56 Loyola Law Review 101-144
  • ‘Normativism, Anti-Normativism and Humanist Pragmatism’ (2010) 33(2-3) Human Studies 305-323

2009

  • Law as Institutional Normative Order, co-edited with Zenon Bankowski, Ashgate, 2009
  • ‘Moral Education in Law Schools and Law Firms’ (2009) 59(2) Journal of Legal Education 298-304
  • ‘The Moral Quality of Work in International Economic Institutions: Resisting Complacency’, with Oche Onazi (2008) 4(4) International Journal of Law in Context 337-372

2008

  • ‘The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality between Theory and Practice’ (2008) 2 Problema: Anuario de Filosofia y Teoria del Derecho 127-155
  • ‘Na Progu [On the Doorstep]’, with Zenon Bankowski, (2008) 5 No Foundations: Journal of Extreme Legal Positivism 142-144
  • ‘Jurisprudence on the Frontline’ (2008) 5 European Journal of International Law 1095-1108
  • ‘System Values and Understanding Legal Language’ (2008) 21(1) Leiden Journal of International Law 29-61

2007

  •  ‘Legal Norms and Normativity’ (2007) 27(2) Oxford Journal of Legal Studies 355-372

2003

  • ‘The Normative Ontology of the Law’ (2003) 22 University of Queensland Law Journal 239-250

PhD Supervision

Dr Del Mar welcomes proposals for supervision in legal theory.

Dr Del Mar is currently supervising:

  • Ms Adela Halo, The Constitutional Thought of Mme de Staël, with Gareth Stedman-Jones, Law / History, Queen Mary University of London, 2015.

Public Engagement


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