Law and Critique
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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 ......
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 ......
The rule of law as an instrument of oppression? Self-determination and human rights in the New Latvia
Law and Critique - Tập 5 - Trang 69-91 - 1994
Experimenting with Law: Brecht on Copyright
Law and Critique - - 2020
Can one reject copyright law and be a qualified observer of its dispositives? This question was taken up by Bertolt Brecht in an intriguing essay concerning the litigation surrounding the film adaptation of The Threepenny Opera (1928). Brecht here develops an experimental observation around the nature of film adaptation and cultural production in copyright. While an experimental approach to law wa......
No Such Thing as Free Speech? Performativity, Free Speech, and Academic Freedom in the UK
Law and Critique - - Trang 1-19 - 2024
The relationship between academic freedom and freedom of speech features prominently in public and political discussions concerning the role of universities in Western liberal democracies. Recently, these debates have attracted increased attention, owing in part to media framing of a ‘free speech crisis’, especially in UK and US universities. One type of response is to regulate academic expression......
Modern Constitutional Legitimacy and Political Theology: Schmitt, Peterson and Blumenberg
Law and Critique - Tập 30 - Trang 67-89 - 2018
In this article, an important set of general themes will be examined in relation to the ongoing problematization of the legitimacy of modern constitutionalism within a body of work that largely draws on Carl Schmitt’s political theology. In particular, however, the themes discussed in this article will focus on the later, post-war stages of his work contained in the brief, but dense volume entitle......
The Judge’s Two Bodies: The Case of Daniel Paul Schreber
Law and Critique - Tập 26 - Trang 117-133 - 2015
The great work of the psychotic judge Daniel Paul Schreber, namely Memoirs of My Nervous Illness, has received predictable and rather unimaginative interpretations as the discourse of a lunatic. The work has not been studied as a theory of law. Schreber, it is argued here, was an extreme lawyer, a radical melancholegalist, a black letter theorist, a critic avant la lettre (noire), and a radical th......
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