School of Law

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

Maksymilian

Professor of Legal Theory

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

Profile

Maksymilian (Maks) Del Mar is Professor of Legal Theory and the Director of Graduate Studies in the Department of Law.

Professor Del Mar came to Queen Mary in 2011 after undergraduate and honours studies in law, literature and philosophy at the University of Queensland. He served as a Judge’s Associate to the Honourable Justice Margaret White in the Supreme Court of Queensland, and qualified and worked as a solicitor (at Macrossans Lawyers and the Queensland Law Society). He completed a PhD in Law at the University of Edinburgh (2009), and a Doctorat ès sciences sociales at the University of Lausanne (2012).

Professor Del Mar has broad research interests in legal theory. Most recently, he is the author of Artefacts of Legal Inquiry: The Value of Imagination in Adjudication (Hart / Bloomsbury, March 2020), which develops an account of the epistemic value of imagination for common law reasoning, including examining four case studies: fictions, metaphors, figures and scenarios. He has also recently edited The Oxford Handbook of Law and Humanities (with Simon Stern and Bernadette Meyler, December 2019), and Virtue, Emotion and Imagination in Law and Legal Reasoning (with Amalia Amaya, Hart / Bloomsbury, January 2020).

At present, Professor Del Mar is focused on completing his monograph on Neil MacCormick: A Scottish Jurisprudence (for Stanford University Press). A principal aim of the book is to make a contribution to historical jurisprudence, in particular by exploring the unique and neglected provenance of a Scottish tradition of jurisprudence. In addition to the above focus, he is also continuing a range of research interests at the intersection of law, aesthetics, history and cognition. These include: theorising legal knowledge historically, especially via the theory and history of aesthetics; exploring the relationship between the theory and history of rhetoric and the cognitive legal humanities; examining varieties of play in the theory and history of legal pedagogy; developing a project on imperial legal poetics, including research on the character of language in imperial and colonial courts; and examining legal argument through the looking-glass of genre, including via tragedy, comedy, lyric and epic.

Professor Del Mar’s research has been funded by the Leverhulme Trust, the Arts and Humanities Research Council, the Royal Society of Edinburgh, and the British Academy / Newton Fund.

Professor Del Mar is very committed to developing and nurturing multi- and inter-disciplinary research communities. As part of this commitment, he has served as: the Founding President of the Australian Legal Philosophy Students Association (2003-2005); the Founding Convenor of the Edinburgh Legal Theory Research Group (2006-2008); the President of the UK Branch of the International Association of Legal and Social Philosophy (UK IVR) (2013 to 2018); and the Founding Director of the Centre for Law and Society in a Global Context (CLSGC) (2013 to 2019). He continues to serve as a Founding Co-Convenor of the International Network of Transnational Legal and Political Theory (since 2013). He was Academic Fellow of the Honourable Society of the Inner Temple from 2013 to 2016, and now continues as an Associate Academic Fellow.

In terms of editorial responsibilities, Professor Del Mar co-edits the Law-in-Context series at Cambridge University Press, and is on the advisory board of a number of journals, including the International Journal of Law in Context and Jus Cogens: A Critical Journal of Philosophy of Law and Politics.

Professor Del Mar is also committed to teaching innovative courses, often in combination with his active research interests. He has taught/teaches a variety of courses at Queen Mary, including Contract Law, Jurisprudence & Legal Theory, and optional courses on Legal Reasoning in a Global Context and Law / Knowledge / Power: Past and Present in the Undergraduate degree, and courses on the legal imagination, common law reasoning, visual jurisprudence and historical jurisprudence in the LLM programme.

Undergraduate Teaching

Postgraduate Teaching

Research

Professor Del Mar’s research interests have included:

  1. General jurisprudence and the methodology of legal theory, including: historical jurisprudence, and the relations between legal theory and historiography; the fact-value distinction; legal and social normativity; institutional legal theory; visual jurisprudence; and the methods and concepts of law and humanities. Examples of work in this vein include: The Oxford Handbook of Law and Humanities(with Simon Stern and Bernadette Meyler); Law in Theory and History (co-edited with Michael Lobban, Hart / Bloomsbury); Contemporary Legal Theory: Series 1 and Series 2 (lead editor, six volumes, Ashgate); and New Waves in Philosophy of Law (sole editor, Palgrave).
  2. Transnational, international and global legal theory, including: relations between law, power and knowledge in a global context; global historical jurisprudence; pluralist jurisprudence, including legal reasoning under conditions of legal pluralism; the role of metaphor in international customary law; and fragmentation in international law. Examples of work in this vein include: Law as Institutional Normative Order (co-edited with Zenon Bankowski, Ashgate); and Authority in Transnational Legal Theory (co-edited with Roger Cotterrell, Edward Elgar).
  3. The theory and history of legal reasoning, including work on the role and value of imagination and emotion; on rhetorical and aesthetic dimensions of legal reasoning; and on the role of the arts and humanities in legal education. Examples of work include: Artefacts of Legal Inquiry: The Value of Imagination in Adjudication(Hart / Bloomsbury); Virtue, Emotion and Imagination in Law and Legal Reasoning (co-edited with Amalia Amaya, Bloomsbury / Hart); Legal Fictions in Theory and Practice (co-edited with William Twining, Springer); The Moral Imagination and the Legal Life (co-edited with Zenon Bankowski, Ashgate); and The Arts and the Legal Academy (co-edited with Zenon Bankowski and Paul Maharg, Ashgate).

Research projects in progress within and across these interests include:

  1. Neil MacCormick: A Scottish Jurisprudence, for Stanford University Press
  2. Legal Reasoning in a Global Context: Ethics, Politics, Rhetoric
  3. The Common Law in Rhetorical Theory and History

Publications

Download Dr Maks Del Mar's full CV [PDF 229KB]

Selected Publications

Legal Reasoning (Imagination, Emotion, Narrative)

  • Artefacts of Legal Inquiry: The Value of Imagination in Adjudication (Hart / Bloomsbury, forthcoming in 2020)
  • ‘New Horizons for the Study of the Legal Mind: Relating Virtue, Emotion and Imagination’, with Amalia Amaya, in Amalia Amaya and Maks Del Mar (eds.), Virtue, Emotion and Imagination in Legal Reasoning, Hart Publishing, forthcoming
  • ‘The Legal Imagination: Individual, Interactive and Communal’, in Amalia Amaya and Maks Del Mar (eds.), Virtue, Emotion and Imagination in Legal Reasoning, Hart Publishing, forthcoming
  • ‘Emotion Experiments in Legal Thought’ (2018) 5(2) CAL: Critical Analysis of Law, Special Issue on ‘New Literary Analysis of Law’ https://cal.library.utoronto.ca/index.php/cal/article/view/32054
  • ‘Educating the Legal Imagination’ (2018) Law & Method, Special Issue on Active Learning and Teaching in Legal Education http://www.lawandmethod.nl/tijdschrift/lawandmethod/2018/10/lawandmethod-D-18-00007
  • ‘Common Virtue and the Perspectival Imagination: Adam Smith and Common Law Reasoning’, (2018) 9(1) Jurisprudence 58-70
  • ‘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
  • ‘Imagination in Legal Thought: Abilities, Devices and their Comparative History’ (2017) 12(2) The Journal of Comparative Law77-94
  • ‘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
  • ‘The Role and Value of Coherence in Theories of Legal Reasoning’, (2017) 30(4) Ratio Juris491-506
  • 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
  • ‘Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity’ (2014) 5(1) Jurisprudence 177-89
  • 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
  • ‘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

 Historical Jurisprudence

  • ‘Global Historical Jurisprudence: Relating Law and Power in a Global Context’, in Jorge Zamora (ed.), Jurisprudence in a Globalised World, Edward Elgar, forthcoming
  • ‘Philosophical Analysis and Historical Inquiry: Theorising Normativity, Law and Legal Thought’, in Markus Dubber and Christopher Tomlins (eds.), Oxford Handbook of Legal Historical Research, Oxford University Press, 2018, 3-22
  • ‘On the Hinges of History: For a Relational Legal Historiography’, in Christopher Tomlins and Justin Desautels-Stein (eds.), Contemporary Legal Thought, Cambridge University Press, 2017, 61-79
  • 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
  • Legal Theory and Legal History: Contemporary Legal Theory, Series 2, Volume 1, co-edited with Michael Lobban, Ashgate, 2014
  • ‘What Does History Matter to Legal Epistemology?’, (2011) 5 Journal of the Philosophy of History 383-405

 Global and Transnational Legal Theory

  • Authority in Transnational Legal Theory: Theorising Across Disciplinary Borders, co-edited with Roger Cotterrell, Edward Elgar, 2016
  • ‘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
  • ‘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
  • ‘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
  • ‘Legality as Relative Institutionalisation: MacCormick’s Diffusionism and Transnational Legal Theory’ (2014) 5(2) Transnational Legal Theory 177-217
  • ‘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
  • ‘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

 Legal Education

  • ‘Educating the Legal Imagination’ (2018) Law & Method, Special Issue on Active Learning and Teaching in Legal Education http://www.lawandmethod.nl/tijdschrift/lawandmethod/2018/10/lawandmethod-D-18-00007
  • ‘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
  • 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
  • ‘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
  • ‘Legal Understanding and the Affective Imagination’, in Caroline Maughan and Paul Maharg (eds.), Affect and Legal Education, Surrey: Ashgate, 2011, 177-193
  • ‘Beyond Text in Legal Education: Art, Ethics and the Carnegie Report’ (2010) 56 Loyola Law Review 101-144
  • ‘Moral Education in Law Schools and Law Firms’ (2009) 59(2) Journal of Legal Education 298-304

 Scottish Legal Theory and Neil MacCormick

  • ‘The Role and Value of Coherence in Theories of Legal Reasoning’, (2017) 30(4) Ratio Juris491-506
  • ‘The Forward-Looking Requirement of Formal Justice: Neil MacCormick on Consequential Reasoning’ (2015) 6(3) Jurisprudence 429-50
  • ‘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
  • ‘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
  • ‘The Smithian Categorical Imperative: How MacCormick Smithified Kant’ (2012) 98(2) Archiv für Rechts- und Sozialphilosophie 233-254
  • Law as Institutional Normative Order, co-edited with Zenon Bankowski, Ashgate, 2009

 Methodology of Legal and Social Theory

  • ‘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
  • ‘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
  • ‘Relational Jurisprudence: Vulnerability between Fact and Value’ (2012) 2 Law and Method 63-81
  • New Waves in Philosophy of Law, Palgrave Macmillan, 2011
  • ‘Marmor’s Social Conventions: The Limits of Practical Reason’ (2011) 41(3) Philosophy of the Social Sciences 420-445
  • ‘Normativism, Anti-Normativism and Humanist Pragmatism’ (2010) 33(2-3) Human Studies 305-323
  • ‘Legal Norms and Normativity’ (2007) 27(2) Oxford Journal of Legal Studies 355-372

Supervision

Professor Del Mar welcomes proposals for supervision in legal theory, especially within his current research interests:

  1. Historical jurisprudence, including both the history of legal theory and the relationship between legal theory and historiography; and
  2. The theory and history of law in a transnational and global context.
  3. The theory and history of rhetoric and its relations to the theory and history of legal language, legal reasoning and legal education;

Professor 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, 2015-2019.
  • Ms Emma Raucent, Metaphor and Gender in European Human Rights Law, with Dr. Eva Nanopoulos, Law, Queen Mary University of London, 2019-.

Public Engagement


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