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From jurisdiction to juriswriting : at the expressive limits of the law
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Matthews, Daniel (2017) From jurisdiction to juriswriting : at the expressive limits of the law. Law, Culture and the Humanities, 13 (3). pp. 425-445. doi:10.1177/1743872114525745 ISSN 1743-8721.
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Official URL: http://dx.doi.org/10.1177/1743872114525745
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.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | Law, Culture and the Humanities | ||||||
| Publisher: | Sage | ||||||
| ISSN: | 1743-8721 | ||||||
| Official Date: | October 2017 | ||||||
| Dates: |
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| Volume: | 13 | ||||||
| Number: | 3 | ||||||
| Page Range: | pp. 425-445 | ||||||
| DOI: | 10.1177/1743872114525745 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access |
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