Law and Critique
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When Law Stands Still: Land Contracts in English Law and Law's “Abandonment” of Everyday Life
Law and Critique - Tập 12 - Trang 105-134 - 2001
After the 1989 reform on land contracts - the Law of Property (Miscellaneous Provisions) Act 1989 - a contract for the sale or other disposition of an interest in land could only be made in writing. Behind what appears to be merely a “technical” rule of private law lies, hidden, something that is rather more serious than that - the figure itself of nothing less than the relationship between law an......
The Silence of the Sirens
Law and Critique - Tập 10 - Trang 175-197 - 1999
Risk is a projection of a specific temporality performed by the observer. However, this projection is doomed to impossibility because of the prohibiting problems of time, causality, subjectivity and relativity of risk. The observer is left only with a castrated projection that defies the role of science as a pedestal for the projection and institutes negation as its driving force. This projection ......
Law without place: Topology and decision. Questions of line and literature
Law and Critique - Tập 9 - Trang 225-248 - 2017
Narrative, Rhetorical Argument, and Ethical Authority
Law and Critique - Tập 10 - Trang 117-146 - 1999
The great challenge of rhetorical argument is to make discourse ethical without making it less logical. This challenge is of central importance throughout the full range of practical argument, and understanding the relation of the ethical to the logical is one of the principal contributions the humanities, in this case the study of rhetoric, can make to legal scholarship. Aristotle’s Rhetoric show......
A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project⋆
Law and Critique - Tập 19 - Trang 235-253 - 2008
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of ......
Reconfiguring Sovereignties Through the Law: Indigenous Patrimonialization in the Americas
Law and Critique - - Trang 1-21 - 2023
Since the last third of the twentieth century, the indigenous peoples of the Americas have claimed their sovereignty. There, it is possible to distinguish representations, in the form of marks of indigenous sovereignty, which go further than the modern concepts of state sovereignty and law, and compete with them. From then onwards, the liberal state has responded by creating ethnic administration ......
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