Year:

  1. Blockchain Matters—Lex Cryptographia and the Displacement of Legal Symbolics and Imaginaries.Katrin Becker - 2022 - Law and Critique 33 (2):113-130.
    This article focusses on the social and legal implications that blockchain technology brings about, not only due to its ideological framework, but also, and especially, due to the concept of law it inaugurates. Thus, this article claims, that, by interlocking technological and legal structures, blockchain technology initiates a profound displacement of legal symbolics and imaginaries. It shows how blockchain law, by emancipating itself from three essential dimensions of law—language, territory, and the body—implies a profound disruption of how we perceive law (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  2. Blockchain Technology and the Endangered Species Called Humans.Jean Lassègue - 2022 - Law and Critique 33 (2):141-147.
    The following lines aim at two goals: firstly, connecting the three blind spots that Katrin Becker's article has identified in the analysis of society promoted by advocates of blockchain technology; secondly, reflecting on the possible hybridization between classical and digital forms of legal procedures. What we are witnessing is a transfer of legality from a spatial and linguistic order to a non-spatial, non-linguistic one which is based on out-of-space lines of written code. The interpretation of what space means for justice (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3.  5
    Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication.Rafał Mańko - 2022 - Law and Critique 33 (2):175-194.
    The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial decisions (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4. Technicity and the Power of Institution.Pierre Musso - 2022 - Law and Critique 33 (2):131-139.
    Our question is whether technicality can institute, and thus create a new power, or even legitimize and maintain institutions. It claims to do so, all haloed by sacredness or religiosity with the development of computers, networks and the Internet. But this would presuppose that technology could symbolize, i.e. embody an instance of Truth, an irrational core of beliefs or myths that would answer the question of 'why' we live in society. It claims to do so as an ‘applied science’ or (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5.  3
    Criminal Law Guilt and Ontological Guilt: A Heideggerian Perspective.Charis N. Papacharalambous - 2022 - Law and Critique 33 (2):149-173.
    The paper deals with the notion of guilt according to Heidegger’s philosophy and its repercussions for the understanding of guilt according to criminal law doctrine and theory. Heidegger’s notion on guilt is tantamount to Dasein’s incapacity to exhaust all its existential possibilities, whereas legal guilt has to do only with man’s legal indebtedness, which is an aspect of inauthenticity, a deficient mode of ontological responsibility. This does not mean, though, sheer amoralism or apologetics to violence. In late Heidegger one may (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6.  1
    Panic at the Law School! A Critical Case for Legal Subcultures.James Gilchrist Stewart - 2022 - Law and Critique 33 (2):195-214.
    Given the original founders, texts, and location of Critical Legal Studies, its association with the 1960s counterculture is uncontroversial. However, this paper interrogates the assumption that CLS is itself a counterculture by proxy. Drawing from seminal work on subcultures, moral panics, and the emerging field of minor jurisprudence, this paper recategorises Critical Legal Studies as a legal subculture. An argument of clarification underpins this recategorisation, addressing the relationship between CLS and the dominant legal framework, its relationship with the counterculture, and (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  7.  6
    Repainting the Rabbithole: Law, Science, Truth and Responsibility.Jason A. Beckett - 2022 - Law and Critique 33 (1):89-112.
    An exploration of the connections between law, science, and truth, this paper argues that ‘truth’ is an evolving, rather than fixed, concept. It is a human creation, and the processes, or standards, by which it has been evaluated have changed over time. Currently knowledge production is anchored in the natural sciences but reproduced and validated by philosophical rationalisation. There are two problems with this technique of knowledge verification. First, the natural sciences are not, in fact, practiced according to their ideal (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8.  2
    The Power of Spectacle: The 2012 Quebec Student Strike and the Transformative Potential of Law.Honor Brabazon - 2022 - Law and Critique 33 (1):1-22.
    Recent iterations in international legal thought of the debate over the transformative potential of law have tended to echo the long-standing assumption that radical movements, when they employ law-based tactics, do so in the same manner as reformist movements: they mobilise the legitimacy of law for short-term goals, only with more radical long-term goals in mind. However, movements such as the 2012 student strike in the Canadian province of Quebec demonstrate more diverse, creative engagements with law that openly mock the (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9.  3
    Keys to Decrypt the Republic Against Democracy.Ricardo Sanín-Restrepo & Marinella Machado Araujo - 2022 - Law and Critique 33 (1):41-62.
    The concept of the republic is a complex meta-principle that facilitates and conceals global relations of domination. Specifically, it enables the invisibility of racism as the core of political power. From its very origins the concept of republic serves to seize constituent power or politeia. In modernity, as it merges with private property, it will serve as the launchpad of a vast colonization project that then evolves in a new form of power in coloniality. The article applies the theory of (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  10.  3
    Melancholy of the Law.Przemyslaw Tacik - 2022 - Law and Critique 33 (1):23-39.
    The paper attempts to construct a theoretical account of what melancholy—in a psychoanalytical and cultural sense—may mean for jurisprudence. It argues that the map of relations and displacements between the object and the subject that is associated with melancholy in different psychoanalytical approaches can be fruitfully adopted for understanding of normativity. Based on a thorough re-reading of Freud’s Trauer und Melancholie, it suggests that there is an irremovable component of melancholy contained in the primordial act of separation of normativity from (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  11.  1
    The Principle of the ‘Common’, Legal Pluralism and Decolonization in Latin America.Antonio Carlos Wolkmer & Maria de Fátima Schumacher Wolkmer - 2022 - Law and Critique 33 (1):63-87.
    This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which substantiates instituting and autonomous processes of government, control and community regulation. The work seeks to relate a democratic scenario of the ‘common’ with the discourses of pluralist and decolonial normativity, in a way that would guarantee not only horizontal communal self-management, but also a legitimate ordering of forms of life, founded on common interest, social (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
 Previous issues
  
Next issues