Documents against 'Knowledge'; immanence and transcendence and approaching legal materials

被引:0
|
作者
Leach, James [1 ,2 ]
机构
[1] Aix Marseille Univ, CNRS, Rech, Ctr Res & Documentat Oceania, Marseille, France
[2] Univ Western Australia, Anthropol, Nedlands, WA, Australia
来源
LAW TEXT CULTURE | 2019年 / 23卷
基金
澳大利亚研究理事会;
关键词
D O I
暂无
中图分类号
G [文化、科学、教育、体育]; C [社会科学总论];
学科分类号
03 ; 0303 ; 04 ;
摘要
In Hyo Yoon Kang and Sara Kendall's exploration of legal materialities we are invited to see legal materials and the law in a mutually constituting process. To this effect, Kang writes, law's materials are not objects over which law wields its power but its own constitutive ingredients of revealing itself' (463). Yet they also retain a specific power for 'law' as producing a distinct materiality. Law is not simply there 'in' its materials but is somehow constituted out of and transcends material manifestation as a recognisable force. As Kang continues, [t] he recognition of legal materiality as a relation between the abstract and the concrete produces a level of complexity, which cannot be adequately accounted for by an ethical call to let the material things speak' (2018: 465). This emergence is apparent to them in the 'language game' that is central to law, and helps constitute the hierarchical system of knowledge law relies upon, one that assumes a top down-authority (backed by the power of the state, monopoly on violence etc.). Thus, '[t]he sensibility for law's internal logic and practice is perhaps the reason why many of the legal 'new' materialists have studied legal media of inscription, their circulation and interpretation.
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页码:16 / +
页数:25
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