Abstract
Contemporary expansion of the use of images, photographs, film, animation and other visual media in legal argument has given rise to a practice and subdiscipline of visual advocacy. Less studied and commented on, this scopic dimension to legal practice has also resulted in an increasing use of images in judicial decisions. Recent case law provides examples of an image of an ostrich with its head buried purportedly remonstrating against failure to cite binding precedent, a smiling emoji in a decision relating to child custody, numerous splash pages and online order icons in cases relating to consumer purchases over the net, and many further instances of pictures coming to play the law. This chapter directly addresses the role of the eye and the impact of the visual upon the reasoning of judgments, as also on the status and import of precedents that include pictures.
Original language | English (US) |
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Title of host publication | Phallacies |
Subtitle of host publication | Historical Intersections of Disability and Masculinity |
Publisher | Oxford University Press |
Pages | 176-192 |
Number of pages | 17 |
ISBN (Electronic) | 9780190456368 |
DOIs | |
State | Published - Jan 1 2017 |
Keywords
- Images
- Justice and vision
- Precedentt
- Ratio et imago decidendi
- Reasons for deciding
- Visual inferences
ASJC Scopus subject areas
- Arts and Humanities(all)