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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

Maks Del Mar is Reader in Legal Theory and Co-Director of the Centre for Law and Society in a Global Context (CLSGC). He came to Queen Mary in 2011 after studies in Australia, Scotland and Switzerland. 

Dr Del Mar has research interests in legal theory, law and the humanities, and historical jurisprudence. He is currently writing Artefacts of Legal Minds: The Role and Value of the Imagination in Adjudication (for Bloomsbury / Hart), and Neil MacCormick (for Stanford University Press); and editing The Oxford Handbook of Law and Humanities (with Bernadette Meyler and Simon Stern), and Virtue, Emotion and Imagination in Legal Reasoning (with Amalia Amaya). He serves as one of the editors of the Law-in-Context series at Cambridge University Press.

Undergraduate Teaching

  • LAW6021 Jurisprudence and Legal Theory

Postgraduate Teaching

  • Common Law Reasoning: Key Issues and Debates (Sem 1)
  • Visual Rhetoric for Lawyers (Sem 2).

Research

Dr Del Mar is currently working on:

  • Artefacts of Legal Minds: The Role and Value of Imagination in Legal Adjudication, Hart / Bloomsbury
  • Neil MacCormick, Stanford University Press
  • Oxford Handbook of Law and Humanities (ed. with Bernadette Meyler and Simon Stern)
  • Imagination, Emotion and Virtue in Legal Reasoning (ed. with Amalia Amaya)

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.

Publications

Download Maks Del Mar's full CV [PDF 171KB]

Selected Publications

Under contract

  • Artefacts of Legal Minds: The Role and Value of Imagination in Legal Adjudication, Hart Publishing / Bloomsbury
  • Neil MacCormick, for the Jurists: Profiles in Legal Theory series, Stanford University Press
  • The Oxford Handbook of Law and Humanities, with Simon Stern and Bernadette Meyler
  • Imagination, Emotion and Virtue in Legal Reasoning (ed. with Amalia Amaya).

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) 30(4) Ratio Juris 491-506
  • ‘Common Virtue and the Perspectival Imagination: Adam Smith and Common Law Reasoning’, (2017) Jurisprudence, published online Advance Access 25 September 2017, 1-13
  • ‘Imagination in Legal Thought: Abilities, Devices and their Comparative History’ (2017) 12(2) The Journal of Comparative Law 77-94
  • ‘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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