After Law. Laurent de Sutter

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After Law - Laurent de Sutter


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and index. | Summary: “Why law may be less important than we think”-- Provided by publisher.

      Identifiers: LCCN 2020020737 (print) | LCCN 2020020738 (ebook) | ISBN 9781509542369 (hardback) | ISBN 9781509542376 (paperback) | ISBN 9781509542383 (epub) | ISBN 9781509545438 (adobe pdf)

      Subjects: LCSH: Law--Philosophy. | Law (Philosophical concept) | Law--History.

      Classification: LCC K230.D4343 D4713 2020 (print) | LCC K230.D4343 (ebook) | DDC 340/.1--dc23

      LC record available at https://lccn.loc.gov/2020020737

      LC ebook record available at https://lccn.loc.gov/2020020738

      Typeset in 10.5 on 12pt Sabon

      by Fakenham Prepress Solutions, Fakenham, Norfolk NR21 8NL

      Printed and bound in Great Britain by TJ International Limited

      The publisher has used its best endeavours to ensure that the URLs for external websites referred to in this book are correct and active at the time of going to press. However, the publisher has no responsibility for the websites and can make no guarantee that a site will remain live or that the content is or will remain appropriate.

      Every effort has been made to trace all copyright holders, but if any have been overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition.

      For further information on Polity, visit our website: politybooks.com

       For Serge Gutwirth

      Our relation to the law is not easy to untangle or tame using merely historical narrative. Fortunately, Laurent de Sutter provides us with a scanning apparatus, hermeneutically fine-tuned, by which to measure essential prompts of juridical life. With the care of a relentlessly searching analysis, his text hands us a number of flagged contracts to renegotiate and, where necessary, to repudiate.

      We know that, beginning with Cleisthenes’ fateful intervention, philosophers bristled while they defended the demos, worried about the takeover of a mob primed to go off locked and loaded, lawless and intemperate. After Law offers a sweeping historical account of conceptual overhauls that are responsible for boosting democratic tenacity in the face of so many obstacles and their punctual power failures. Perhaps now more than ever our legal and juridical inheritance presses upon us, urging a review of a speculative jurisprudence that involves an untold history and stealth attack plans.

      On civic alert, Professor de Sutter examines the moves that were made historically in order to supplant familial logic with the idea of Law and the implementation of human rights. He trains his analysis on distinctions drawn by the fundamental juridical structures reconfigured under structural mutation, their emergence and inherent instabilities – in some cases, their unapologetic takeover stratagems. The text’s questioning looks at the foundational yet elusive facets of law and aporias of power. Its microanalyses interrogate the workings of Law, constitutions, penal codes, institutions, acts of positing and the co-implicating force of hypothetical judgement that hold them together as well as apart. The account of juridical presuppositions reflects the processes of corresponding historical changes in political vocabularies. So that ‘no tyranny could ever return’, the reigning god or legislator in Greek legal arbitration had to be replaced by the City itself, a repartition involving a new understanding of sharing together with an ever new distribution of civic responsibility. The strife between human nomos and divine nomos, in the limited yet self-replicating instance of ancient Greek philosophy, has had to be renegotiated at crucial junctures in modernity. At one point, the agonistic terms of law-giving powers reappear with the Spaltung (split-off) discussed in Walter Benjamin’s reflections on law and violence in terms of the striking force that differentiates human from divine law. Yet, how do we live with a relation to law whose authority is eroding?

      Ensnarled in familialisms and archaic structures of troubled coexistence, each phase of civilization has registered a will to break free of local bullying tendencies, hoping to dissolve tenacious political strangleholds. The tyrannical impulse exposed by Plato’s legendary analyses and the refinements of Aristotle’s political warning system exemplifies philosophical pushback on autocratic incursions. In the assertive span of Athenian juridical life, Cleisthenes was the first to call up Greek democracy. Not everyone in the history of philosophy was on board with the initial rallying call, and certainly no philosopher proved more ready to march along with a destructive politics than Martin Heidegger in 1934. What does this tell


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