Legal Subjectivity and the ‘Right to be Forgotten’: A Rancièrean Analysis of Google

Law and Critique 27 (3):289-301 (2016)
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Abstract

This article discusses the right to be forgotten. The landmark Google ruling of the European Court of Justice gave this ambiguous right new weight and raised several urgent questions. This article considers what kind of person is presupposed and constructed when somebody invokes their right to be forgotten. The aim is to engage in an experimental reading of the ruling in the framework of contemporary political theory, namely, the philosophy of Jacques Rancière. The analysis shows that even though the right to be forgotten is a new legal and rhetorical instrument, there are good grounds for being critical of its underlying logic and sceptical of the novelty thereof. The judgment can be understood as a reiteration and consolidation of the same impotent human rights thinking that law often seems forced to contend itself with, no matter how radical our intentions may be.

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Dissensus: On Politics and Aesthetics.Jacques Ranciere - 2010 - Continuum. Edited by Steve Corcoran.
The philosopher and his poor.Jacques Rancière - 2004 - Durham, NC: Duke University Press. Edited by Andrew Parker.

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