Pub Date : 2023-11-06DOI: 10.1007/s10978-023-09357-2
Rafał Mańko
Abstract Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to in the paper as “legal survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest.
{"title":"Legal Survivals and the Resilience of Juridical Form","authors":"Rafał Mańko","doi":"10.1007/s10978-023-09357-2","DOIUrl":"https://doi.org/10.1007/s10978-023-09357-2","url":null,"abstract":"Abstract Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to in the paper as “legal survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-04DOI: 10.1007/s10978-023-09368-z
Thanos Zartaloudis
Abstract This paper presents a discussion, in honour of the late Ari Hirvonen, of the reality of theatre, the space of the tragic and the ethical condition. It engages critically with Hirvonen’s work, as he would demand it, and in doing so it considers the distinctive thinking about theatrical reality in the work of the great Polish artist and theatre director Tadeusz Kantor.
{"title":"For I Do Not Know How to Act: Tadeusz Kantor and the Reality of Theatre","authors":"Thanos Zartaloudis","doi":"10.1007/s10978-023-09368-z","DOIUrl":"https://doi.org/10.1007/s10978-023-09368-z","url":null,"abstract":"Abstract This paper presents a discussion, in honour of the late Ari Hirvonen, of the reality of theatre, the space of the tragic and the ethical condition. It engages critically with Hirvonen’s work, as he would demand it, and in doing so it considers the distinctive thinking about theatrical reality in the work of the great Polish artist and theatre director Tadeusz Kantor.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"7 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135773697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-25DOI: 10.1007/s10978-023-09369-y
Andreja Zevnik
Abstract This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical political potential of Ari Hirvonen’s work. In this intervention I return to some of the themes that his work continuously engages with (such as the question of the limits, transgressions of law, and ethical acts), and re-think them in the context of racial justice. This think-piece opens with reconsideration of ethics and politics drawing on Hirvonen’s brilliant readings of the Antigone and his last book Ethics of Tragedy. By reading transgressions of law as forms of (productive) perversions, this intervention, explores ways in which a different kind of politics might emerge. If in most of his works, Hirvonen saw radical democracy as a vehicle for socio-political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to embody ‘perversion as rebellion’ or perversion as resistance (both ideas found in Hirvonen’s work).
{"title":"Ethics: An Impossible Politics—Perversion, Law and Racial Difference","authors":"Andreja Zevnik","doi":"10.1007/s10978-023-09369-y","DOIUrl":"https://doi.org/10.1007/s10978-023-09369-y","url":null,"abstract":"Abstract This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical political potential of Ari Hirvonen’s work. In this intervention I return to some of the themes that his work continuously engages with (such as the question of the limits, transgressions of law, and ethical acts), and re-think them in the context of racial justice. This think-piece opens with reconsideration of ethics and politics drawing on Hirvonen’s brilliant readings of the Antigone and his last book Ethics of Tragedy. By reading transgressions of law as forms of (productive) perversions, this intervention, explores ways in which a different kind of politics might emerge. If in most of his works, Hirvonen saw radical democracy as a vehicle for socio-political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to embody ‘perversion as rebellion’ or perversion as resistance (both ideas found in Hirvonen’s work).","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135113573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-21DOI: 10.1007/s10978-023-09362-5
Daniel Joyce
Abstract This article considers the role played by communications infrastructure within the international legal imagination. It engages with contemporary debates regarding the power of corporate digital platforms and their model of information capitalism. An international legal historical perspective is adopted in order to contextualise international law’s present infrastructural turn and connect current debates over big tech with their precursors. The history of international legal engagement with the development of communications infrastructure reveals a recurring pattern of looking to technological infrastructure for solutions to global problems. This can act to empower private actors and contribute to an ongoing absence of meaningful international legal regulation of communications. The contemporary interest in infrastructure, and its implications in terms of fostering the private power of big tech over global communications, is in many ways a return. But it could also take account of alternative visions for international law which were present at key moments during the League of Nations era and the Cold War. Connecting current debates with those earlier moments in international legal history can help to highlight and counter continuing patterns of technological solutionism within the international legal imagination.
{"title":"Communications Infrastructure, Technological Solutionism and the International Legal Imagination","authors":"Daniel Joyce","doi":"10.1007/s10978-023-09362-5","DOIUrl":"https://doi.org/10.1007/s10978-023-09362-5","url":null,"abstract":"Abstract This article considers the role played by communications infrastructure within the international legal imagination. It engages with contemporary debates regarding the power of corporate digital platforms and their model of information capitalism. An international legal historical perspective is adopted in order to contextualise international law’s present infrastructural turn and connect current debates over big tech with their precursors. The history of international legal engagement with the development of communications infrastructure reveals a recurring pattern of looking to technological infrastructure for solutions to global problems. This can act to empower private actors and contribute to an ongoing absence of meaningful international legal regulation of communications. The contemporary interest in infrastructure, and its implications in terms of fostering the private power of big tech over global communications, is in many ways a return. But it could also take account of alternative visions for international law which were present at key moments during the League of Nations era and the Cold War. Connecting current debates with those earlier moments in international legal history can help to highlight and counter continuing patterns of technological solutionism within the international legal imagination.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"71 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135510952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.1007/s10978-023-09367-0
Angus McDonald
{"title":"Hope and Despair","authors":"Angus McDonald","doi":"10.1007/s10978-023-09367-0","DOIUrl":"https://doi.org/10.1007/s10978-023-09367-0","url":null,"abstract":"","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136114047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.1007/s10978-023-09365-2
Marcia Sá Cavalcante Schuback
{"title":"The Arrow of Thought: Some Notes on Ari Hirvonen’s the Ethics of Tragedy","authors":"Marcia Sá Cavalcante Schuback","doi":"10.1007/s10978-023-09365-2","DOIUrl":"https://doi.org/10.1007/s10978-023-09365-2","url":null,"abstract":"","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136115147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-10DOI: 10.1007/s10978-023-09363-4
Amin Parsa, Gregor Noll, Leila Brännström, Markus Gunneflo
Abstract Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before!
{"title":"Legal Tech, the Law Firm and the Imagination of the Right Legal Answer","authors":"Amin Parsa, Gregor Noll, Leila Brännström, Markus Gunneflo","doi":"10.1007/s10978-023-09363-4","DOIUrl":"https://doi.org/10.1007/s10978-023-09363-4","url":null,"abstract":"Abstract Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before!","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-06DOI: 10.1007/s10978-023-09359-0
Leila Brännström, Gregor Noll, Amin Parsa, Markus Gunneflo
{"title":"Introduction: Tech and the Transformation of Legal Imagination","authors":"Leila Brännström, Gregor Noll, Amin Parsa, Markus Gunneflo","doi":"10.1007/s10978-023-09359-0","DOIUrl":"https://doi.org/10.1007/s10978-023-09359-0","url":null,"abstract":"","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135350262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：