This article argues that legal discourses about robots are framed within a limiting ‘human paradigm.’ While this is not a specific failure of lawyers, it has significant consequences for law in a digital future. This visualising of robots has its origins in mainstream twentieth-century science fictional tropes of artificial beings. This article begins by identifying the predominant science fiction tropes regarding artificial beings as a source of anxiety for human futures, as located in discrete bodies and as separate from humans. (...) The article then traces this ‘human paradigm’ in robot law scholarship. It is shown how a focus on embodiment and separation disrupts appreciation of the emerging partial disembodiment and hybridity of digital autonomy. There is a continual sense of needing to keep robots and humans distinct and separate, which is not how digital futures are manifesting. (shrink)

Humanitarian maps assembled using digital technology are indicative of transformations underway in how the world is made knowable, sensible, and actionable, including for international legal purposes. These transformations are exemplified by the Missing Maps Project (MMP), an initiative of the Humanitarian OpenStreetMap Team, a U.S.-registered non-profit, and three other non-governmental organisations operating internationally: American Red Cross; British Red Cross; and Médecins Sans Frontières. Projects such as the MMP make it harder for international lawyers to lay claim to, and seek to (...) imaginatively reorient, shared repositories of common sense. Meanwhile, international legal scholars continue to propagate ideas that the world may be reimagined with their help, largely without regard to such transformations. In lieu of imagination’s standard evocation to the end of enhancing critical agency in international legal writing, this article contends that the idiosyncratic notion of imagination advanced in the writings of Walter Benjamin may be better attuned to ongoing shifts in sense-making apparent in international humanitarian mapping. Walter Benjamin’s atypical rendering of imagination as a ‘purely receptive, uncreative’ force in a field of technological reproduction offers international legal scholars another way of thinking about agency and prospects for re-forming their field in the face of its burgeoning digitalisation. (shrink)

This article considers the role played by communications infrastructure within the international legal imagination. It engages with contemporary debates regarding the power of corporate digital platforms and their model of information capitalism. An international legal historical perspective is adopted in order to contextualise international law’s present infrastructural turn and connect current debates over big tech with their precursors. The history of international legal engagement with the development of communications infrastructure reveals a recurring pattern of looking to technological infrastructure for solutions (...) to global problems. This can act to empower private actors and contribute to an ongoing absence of meaningful international legal regulation of communications. The contemporary interest in infrastructure, and its implications in terms of fostering the private power of big tech over global communications, is in many ways a return. But it could also take account of alternative visions for international law which were present at key moments during the League of Nations era and the Cold War. Connecting current debates with those earlier moments in international legal history can help to highlight and counter continuing patterns of technological solutionism within the international legal imagination. (shrink)

Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the (...) ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before! (shrink)

This paper presents a discussion, in honour of the late Ari Hirvonen, of the reality of theatre, the space of the tragic and the ethical condition. It engages critically with Hirvonen’s work, as he would demand it, and in doing so it considers the distinctive thinking about theatrical reality in the work of the great Polish artist and theatre director Tadeusz Kantor.

This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical political potential of Ari Hirvonen’s work. In this intervention I return to some of the themes that his work continuously engages with (such as the question of the limits, transgressions of law, and ethical acts), and re-think them in the context of racial justice. This think-piece opens (...) with reconsideration of ethics and politics drawing on Hirvonen’s brilliant readings of the Antigone and his last book Ethics of Tragedy. By reading transgressions of law as forms of (productive) perversions, this intervention, explores ways in which a different kind of politics might emerge. If in most of his works, Hirvonen saw radical democracy as a vehicle for socio-political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to embody ‘perversion as rebellion’ or perversion as resistance (both ideas found in Hirvonen’s work). (shrink)

This paper studies “environmental personhood” legislation as a transitional concept. A transitional concept is one whose originating context sets parameters for its pragmatic functioning even as the eventual coherence of this functioning entails deep change in this originating context. By more explicitly thematizing environmental personhood as a transitional concept, we can acknowledge worries about its entanglement with a rights paradigm emphasizing private property and human exceptionalism while still exploring how it might contribute towards deeper ecological transformation. The paper introduces Nuu-chah-nuulth (...) philosopher E. Richard Atleo’s notion of ‘phase connectors’ as a heuristic for thinking transitional tensions in environmental personhood especially in terms of the gap between its present operative strategy and possible future effects on wider imaginaries. Indeed, this gap indicates how environmental personhood’s transitional potential is entangled with challenging dominant presuppositions in what Anna Grear calls ‘law’s onto-epistemic imaginary’. Using Atleo’s heuristic and drawing on a range of sources, the paper thinks through some of the prominent fault lines and volatile dynamics of environmental personhood as a transitional concept. After establishing these critical tensions, it considers how its conceptualization in domains beyond legislative or academic articulations may or may not help induce ethico-phenomenological changes in constitutive imaginaries. Though such popular presentations are frequently reductive, understanding why and how is important if theorists can contribute to the construction of creative alternatives. (shrink)

The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected to establishing (...) hegemony and status quo that affects both the way the law is thought of and practiced. The post-communist context serves in fleshing out some of these consequences. Although the transition is not the main subject of inquiry, it is a starting point to a set of philosophical questions directed towards the rule of law universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized blueprint and the reality it is introduced to. The method of approach to this tension argued for in this paper is Marxian theorization of concept as an interplay between concrete and abstract that underlies historical materialism. This movement within concept is juxtaposed to the universalism. The philosophical investigations are followed by findings from Marxist legal theory that pinpoint the importance of concrete interventions into the legal theory that abate its ever-growing abstractness. In particular, the import of knowledges and practices divorced from the capitalist system is brought into focus. The paper concludes with a brief assessment of the possibility of overturning the rule of law universalism and a discussion on the emancipatory potential of law. (shrink)

Calls to decolonise the curriculum gain traction across the academe. To a great extent, the movement echoes demands of the decolonisation era itself, a period from which academics draw both impetus and legitimacy. In this article, we examine the movement’s purchase when applied to the teaching of international law. We argue that the movement reinvigorates debates about the origins of international law, centring its violent foundations as well as its Eurocentric episteme. Yet, like many critical approaches toward international law, the (...) movement is smitten with itself and with the regime. As a consequence, the outcome of its activism and critique is predetermined: both must redeem the Eurocentrism of international law and its associated pedagogy. Calls to decolonise the curriculum ultimately validate the epistemological limitations inherent to a stratified, international order, failing to offer a genuine alternative framework or epistemology. (shrink)

Normative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject is (...) understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable. (shrink)

The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...) of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

In this paper, I elaborate a Derridean deconstruction of law through the lens of Lacanian psychoanalysis. Derrida only focuses on jurisprudential law enforcement in his famous ‘Force of Law’ lecture, leaving corporeal law enforcement untouched. In turn, I explore the irresolvable conceptual tensions within corporeal law enforcement from the standpoints of (a) individuals rationalizing their obedience to law enforcement and (b) the legal system rationalizing its circumscription of acceptable law enforcement. To support my analysis, I examine landmark court cases and (...) their deleterious effects on accountability for law enforcers. In particular, I track the progression from the legal standard of ‘shock of conscience’ (i.e., established by Rochin v. California (1952)) to that of ‘objective reasonableness’ (i.e., established by Graham v. Connor (1989)), which reinforces the legal protections for and libidinal features of police brutality. In this sense, I seek to clarify the dimensions of the libidinal economy belonging to policy brutality, namely its components of sadism and superegoic enjoyment. (shrink)

This article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory as well as to existing research on the uses of databases to protect traditional knowledge. It explores the TKDL’s potential consequences for India’s traditional medical knowledge and (...) the wider implications that traditional knowledge databases can have for the safeguarding of traditional knowledge in general. The article concludes that on the one hand the TKDL bridges the gap between the main branches of Indian traditional medicine and the formal knowledge system of International Patent Classifications. Furthermore, it has also inspired revisions of the International Patent Classification system, which makes it better adapted to incorporate traditional medical knowledge. On the other hand, critical research on traditional knowledge documentation argues that traditional knowledge databases, like the TKDL, can decontextualize the knowledge they catalogue and dispossess its original owners. The TKDL, however, also fits into a national, Indian agenda of documenting and modernizing traditional medicine that predates the formation of the TKDL by several decades and challenges the dichotomy between traditional and scientific knowledge systems that originally motivated the formation of the TKDL. (shrink)

The article addresses Giorgio Agamben’s critical commentary on the global governance of the Covid-19 pandemic as a paradigm of his political thought. While Agamben’s comments have been criticized as exaggerated and conspiratorial, they arise from the conceptual constellation that he has developed starting from the first volume of his Homo Sacer series. At the centre of this constellation is the relation between the concepts of sovereign power and bare life, whose articulation in the figure of homo sacer Agamben traces from (...) the Antiquity to the present. We shall demonstrate that any such articulation is impossible due to the belonging of these concepts to different planes, respectively empirical and transcendental, which Agamben brings together in a problematic fashion. His account of the sovereign state of exception collapses a plurality of empirical states of exception into a zone of indistinction between different exceptional states and the normal state and then elevates this very indistinction to the transcendental condition of intelligibility of politics as such. Conversely, the notion of bare life, originally posited as the transcendental condition of possibility of positive forms of life, is recast as an empirical figure, whose sole form is the absence of form. We conclude that this problematic articulation should be abandoned for a theory that rather highlights the non-relation between sovereign power and bare life, which conditions the possibility of resistance and transformation that remains obscure in Agamben’s thought. (shrink)

Cesare Beccaria’s On Crimes and Punishments has had a profound impact on, and made significant contributions to, among others, the study of law, justice, crime, and punishment. Unsurprisingly, there is a voluminous literature on this text. This article subjects Beccaria’s treatise to an exegetical reading and focuses on the aesthetic inquiry at heart of the text. Beccaria professes to undertake a rigorous scientific inquiry into crime and punishment. He repeatedly invokes language from modernity and the enlightenment—e.g., probability, correlation, and other (...) mathematical tools (e.g., geometry)—to ground the scientific nature of his treatise. Yet, what Beccaria engages with is aesthetic and what is produced is not scientific knowledge but aesthetic knowledge. Rather than read this as a criticism, the article highlights how the concept of justice—like beauty or virtue—is, and can only or largely be, a matter of aesthetic inquiry, and explicates why Beccaria’s text ought to be read as an aesthetic inquiry into justice. (shrink)

Three-dimensional ‘bioprinting’ is under development, which may produce living human organs and tissues to be surgically implanted in patients. Like tissue engineering and regenerative medicine generally, the process of bioprinting potentially disrupts experience of the human body by redefining understandings of, and becoming actualised in new practices and regimes in relation to, the body. The authors consider how these novel sociotechnical imaginaries may emerge, having regard to law’s contribution to, as well as its possible transformation by, the process of 3D (...) bioprinting. The authors draw on Gilbert Simondon and corporeal, material feminists to account for these disruptions as ‘ontogenetic,’ in the sense that technology can produce new ontologies or beings. The authors focus namely on ontogenesis, individuation and the pre-individual forces that comprise, and yet remain inexhausted by, the process of 3D bioprinting. The authors argue legal phenomena are pre-individual forces that ‘in-form’ ontogenesis. These pre-individual forces are indistinguishable from those implicated in the individuation of the body’s physical form; thereby, the individuation of the bodily material through 3D bioprinting may be expressive and generative of sociolegal phenomena, at least as those relate to the body. The authors conclude that 3D bioprinting shores up conventional, liberal conceptions in law of the human body as individual, bounded and primarily contractual. Three-dimensional bioprinting may introduce ontological difference to the extent it promises and realises a new temporality of the human as a species- and legal-subject, although such a development would only seem to expand, rather than attenuate, a biopolitical regime. (shrink)