HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

Human beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis – and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it in...

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Main Author: Cass R. Sunstein
Format: Article
Language:English
Published: Universidade Federal do Rio de Janeiro 2017-02-01
Series:Revista de Estudos Institucionais
Subjects:
Online Access:https://www.estudosinstitucionais.com/REI/article/view/84
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author Cass R. Sunstein
author_facet Cass R. Sunstein
author_sort Cass R. Sunstein
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description Human beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis – and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it involved a great deal of improvisation and surprise, even to Lucas himself. Serendipity and happenstance, sometimes in the forms of eruptions of new thinking, play a pervasive and overlooked role in the creative imagination, certainly in single authored works, and even more in multi-authored ones extending over time. Serendipity imposes serious demands on the search for coherence in art, literature, history, and law. That search leads many people (including Lucas) to misdescribe the nature of their own creativity and authorship. The misdescription appears to respond to a serious human need for sense-making and pattern-finding, but it is a significant obstacle to understanding and critical reflection. Whether Jedi or Sith, many authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes.
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spelling doaj.art-d0d17d0561244a6b81fb6b61ce8e5c912023-01-07T23:09:26ZengUniversidade Federal do Rio de JaneiroRevista de Estudos Institucionais2447-54672017-02-012210.21783/rei.v2i2.8442HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAWCass R. Sunstein0Harvard University, USAHuman beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis – and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it involved a great deal of improvisation and surprise, even to Lucas himself. Serendipity and happenstance, sometimes in the forms of eruptions of new thinking, play a pervasive and overlooked role in the creative imagination, certainly in single authored works, and even more in multi-authored ones extending over time. Serendipity imposes serious demands on the search for coherence in art, literature, history, and law. That search leads many people (including Lucas) to misdescribe the nature of their own creativity and authorship. The misdescription appears to respond to a serious human need for sense-making and pattern-finding, but it is a significant obstacle to understanding and critical reflection. Whether Jedi or Sith, many authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes.https://www.estudosinstitucionais.com/REI/article/view/84SerendipityJudicial InterpretationSupreme CourtChain NovelOriginalism
spellingShingle Cass R. Sunstein
HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
Revista de Estudos Institucionais
Serendipity
Judicial Interpretation
Supreme Court
Chain Novel
Originalism
title HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
title_full HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
title_fullStr HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
title_full_unstemmed HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
title_short HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW
title_sort how star wars illuminates constitutional law
topic Serendipity
Judicial Interpretation
Supreme Court
Chain Novel
Originalism
url https://www.estudosinstitucionais.com/REI/article/view/84
work_keys_str_mv AT cassrsunstein howstarwarsilluminatesconstitutionallaw