Da Costa Paes, Leticia (2024) An alliance between Deleuze’s philosophy and jurisprudence. PhD thesis, Birkbeck, University of London.
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Abstract
This thesis aims to propose a different way of thinking about jurisprudence and law, making an alliance and experimenting with Gilles Deleuze’s philosophy of immanence. The relationship between the latter and jurisprudence is, to say the least, an uncommon one. Contemporary legal theory, in its most heterogeneous manifestations, is based on a legal tradition historically committed to producing transcendences. Deleuze’s philosophy is well known for its total opposition against the dogmatic image of thought, characterised by morality and transcendence, which operates as a mode of representation that affirms sameness, not difference. Ultimately, morality and its values neglect the specificities and singularities of life. This image has dominated Western philosophical thought and society since the days of Plato, greatly influencing how we think and criticise the law in theory and practice. Jurisprudence, in its turn, is usually understood as the study of legal theory or practice of judicial decisions. Even if Deleuze has never analysed the concept of jurisprudence, his reflections on institution, territory, case, and singularity allow us to generally understand this concept as a practice of working through singular cases and connect it to one of Deleuze’s most important concepts, ‘a life’. The indefinite article means Deleuze is not interested in the abstract and universal (the dogmatic image of thought and law) but in life as immanent and singular. From a Deleuzian perspective, both philosophy and jurisprudence are creative practices. From this encounter, we will give movement to thought, which will allow us to rethink the practice of law within the context of axiomatic capitalism and control society without recourse to transcendence and discover a practice of jurisprudence that create new types of social assemblages.
Metadata
| Item Type: | Thesis |
|---|---|
| Copyright Holders: | The copyright of this thesis rests with the author, who asserts his/her right to be known as such according to the Copyright Designs and Patents Act 1988. No dealing with the thesis contrary to the copyright or moral rights of the author is permitted. |
| Depositing User: | Acquisitions And Metadata |
| Date Deposited: | 13 Nov 2024 14:29 |
| Last Modified: | 13 Nov 2024 15:36 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/54542 |
| DOI: | https://doi.org/10.18743/PUB.00054542 |
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