Matthews, Daniel (2017) From jurisdiction to juriswriting: at the expressive limits of the law. Law, Culture and the Humanities 13 (3), pp. 425-445. ISSN 1743-8721.
Abstract
Through the work of Jean-Luc Nancy, and following recent publications that champion the theoretical significance of jurisdiction, this article reads jurisdiction as a technique of legal fiction-making and as capable of exposing an originary ontological category of “being-with.” Rather than thought of purely as an expression of the law’s sovereign authority, it is argued that jurisdiction is a privileged point at which we can see the law’s fragility and thus open to critical intervention and interruption. Following Nancy’s understanding of “writing” and “literature” as that which exposes being-with, I suggest that we might name such strategies of creative intervention “juriswriting.” This account of jurisdiction, developed by thinking with Nancy’s account of ontology, is explored with reference to the common law constructions of jurisdiction in the sixteenth and seventeenth centuries.
Metadata
| Item Type: | Article |
|---|---|
| Keyword(s) / Subject(s): | Jurisdiction, Jean-Luc Nancy, common law, legal theory |
| School: | Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School |
| Depositing User: | Administrator |
| Date Deposited: | 07 Apr 2014 14:04 |
| Last Modified: | 02 Aug 2023 17:10 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/9548 |
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