Law and Critique

ISSNs: 0957-8536, 1572-8617

14 found

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  1.  9
    How the Welfare State Tries to Protect Itself Against the law: Luhmann and new Forms of Social Immune Mechanism.Niels Åkerstrøm Andersen & Paul Stenner - 2024 - Law and Critique 35 (2):257-279.
    Sociologist Niklas Luhmann argued that the law functions as society’s immune system by regulating conflicts that threaten the certainty of expectation structures. In this article, we argue that law itself has become a target of new social immune mechanisms. Since the 1980s, welfare states have increasingly seen their own structures as a threat. Today, the ideal is a public sector consisting of organizations that constantly emerge anew by selecting the structures that fit each specific moment, case, and citizen. To protect (...)
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  2.  10
    Translating Dark into Bright: Diary of a Post-Critical Year.André Dao & Danish Sheikh - 2024 - Law and Critique 35 (2):377-403.
    This is an account of a reading project that began in February 2020. Australia was burning, a pandemic was simmering, the two of us were early in our PhD journeys at the Melbourne Law School. Already, we felt exhausted by critical theory which seemed to amplify the affects we felt all too intensely. Our reading project began as an attempt to find and inhabit texts that might move beyond critique, that might allow us to find wonder and vitality in legal (...)
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  3.  33
    Habermas, Popular Sovereignty, and the Legitimacy of Law.George Duke - 2024 - Law and Critique 35 (2):237-256.
    Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts and Norms as (...)
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  4.  1
    From Paratexts to Print Machinery.Benjamin Goh - 2024 - Law and Critique 35 (2):313-335.
    This article seeks to decentre the proprietary author in copyright law by attending to some peripheral matters of Immanuel Kant’s periodical essay, ‘On the Wrongfulness of Reprinting’ (1785), as indices of its medial-material conditions of possibility. We consider not only the epitextual background of the German Enlightenment in which the Berlinische Monatsschrift was produced, but also the peritextual specimens of catchwords, signature marks, and various front matter of Kant’s essay. This medial reading suggests the periodical to be deeply involved in (...)
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  5.  5
    Patents as Capitalist Aesthetic Forms.Hyo Yoon Kang - 2024 - Law and Critique 35 (2):281-311.
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  6.  19
    Regulating Communicative Risk: Online Harms and Subjective Rights.Bernard Keenan - 2024 - Law and Critique 35 (2):213-236.
    States are in the process of creating controversial legislation aimed at subjecting ‘harmful’ online communication on social media and search engines to new regulatory regimes. Critics argue that these measures are serious threats to the right to freedom of expression and freedom from surveillance. This article first draws on elements of systems theory to reframe the right to freedom of expression in democracy as a means of protecting the value of generalised second-order observation. Taking the UK’s Online Safety bill as (...)
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  7.  15
    Kierkegaardian Ethics and the Rule of Law.Joshua Neoh - 2024 - Law and Critique 35 (2):357-375.
    We approach law with deep ambivalence. On the one hand, we take immense pride in living under the rule of law. On the other hand, we often catch ourselves lamenting the existence of law. When we lament the existence of law, we are not just saying that there is too much of it. We are not just complaining about the amount of law. Rather, our complaint goes to the very nature of law itself. We complain that its rules are constraining, (...)
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  8.  13
    The Boundaries of Legal Personhood: Disability, Gender and the Cyborg.Flora Renz - 2024 - Law and Critique 35 (2):425-444.
    By considering the death of the disability activist Engracia Figueroa as the consequence of her wheelchair being damaged by an airline, this article asks whether law could accommodate a definition of legal personhood that encompasses the possibility of bodies augmented by prosthetics, technology, and mobility aids. The use of mobility aids by disabled people and the role of prosthetic penises in so-called ‘gender fraud’ cases offer two useful provocations to consider the ways in which legal personhood, if defined as largely (...)
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  9.  7
    Nachleben der Antike, Time, and Restitution: Notes for a Nocturnal Jurisprudence of the Image.Igor Stramignoni - 2024 - Law and Critique 35 (2):445-482.
    Justice is usually represented as a feminine figure holding a pair of scales and a sword. The history of that image is relatively recent and has attracted a great deal of attention. However, a different appreciation of it may come from a “nocturnal” jurisprudence seeking to foreground its presence and effects in the transmission of modern culture and so also of law. In this essay, I take my cue from Aby Warburg and the Pathosformeln that, he suggested, can be glimpsed (...)
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  10.  22
    A Call for Rethinking International Arbitration: A TWAIL Perspective on Transnationality and Epistemic Community.Mansour Vesali Mahmoud & Hosna Sheikhattar - 2024 - Law and Critique 35 (2):405-424.
    Despite the increasingly diversified discourses in international commercial arbitration, this device of socio-legal regulation remains a relatively under-theorized subject. In particular, far too little attention has been paid to analyzing international commercial arbitration through critical approaches such as Third World Approaches to International Law (TWAIL). TWAIL is broadly understood as a methodological reorientation in international law by highlighting the historical links between the foundations of this field of law and the history of capitalism and imperialism as well as the colonial (...)
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  11.  2
    Negri’s Journey: A Roadmap.Emilios Christodoulidis - 2024 - Law and Critique 35 (1):7-17.
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  12.  13
    Negri’s “Minor Jurisprudence”.Costas Douzinas - 2024 - Law and Critique 35 (1):1-5.
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  13.  9
    A Reply to Xifaras.Michael Hardt & Antonio Negri - 2024 - Law and Critique 35 (1):63-71.
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  14.  5
    The Role of the Law in Critical Theory: An Engagement with Hardt and Negri’s Commonwealth.Mikhaïl Xifaras - 2024 - Law and Critique 35 (1):19-62.
    This paper discusses the role of Law and Legal Thinking in Critical Theory with specific reference to the arguments that Michael Hardt and Antonio Negri offer in their book Commonwealth. The core idea is that Critical Theory is no less radical, but much more concrete, when it is performing not only an external, but also an internal critique of the Law. It shows that the role of the law in critical theory emerges as a problem when the latter claims that (...)
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