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    The exercise of jurisdiction and the absent author of Law's speech

    Ridler, Victoria L. (2019) The exercise of jurisdiction and the absent author of Law's speech. Law & Literature 31 (1), pp. 71-93. ISSN 1535-685X.

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    Abstract

    Although it is not uncommon for a court to consider the question of whether an authority (or which authority) may possess ‘jurisdiction’ (over a matter, a space, persons, etc.) it is less common for a court to enquire as to what jurisdiction means in the first place. This paper considers what we may mean by the idea that ‘jurisdiction’ has been exercised, both for the purposes of providing a tool in identifying and critically engaging with its performance, but also as a lens through which to consider the production of legal authority. In bringing philosophy of language and literary theory to bear on the question, it is proposed that jurisdiction is the performance/speaking of law in which the audience/addressee is pre-supposed as subject to that law in a process that is productive of legal authority.

    Metadata

    Item Type: Article
    Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis, available online at the link above.
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Victoria Ridler
    Date Deposited: 17 Sep 2018 12:49
    Last Modified: 02 Aug 2019 15:17
    URI: http://eprints.bbk.ac.uk/id/eprint/23905

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