Critical autopoiesis and the materiality of law

Autopoietic theory is increasingly seen as a candidate for a radical theory of law, both in relation to its theoretical credentials and its relevance in terms of new and emerging forms of law. An aspect of the theory that has remained less developed, however, is its material side, and more concretely the theory’s accommodation of bodies, space, objects and their claim to legal agency. The present article reads Luhmann’s theory of autopoietic systems in a radical and material manner, linking it on the one hand to current post-structural theorisations of law and society, and on the other hand extending its ambit to accommodate the influx of material considerations that have been working their way through various other disciplines. The latter comprises both a materialisation of the theory itself and ways of conceptualising the legal system as material through and through. This I do by further developing what I have called Critical Autopoiesis, namely an acentric, topological, post-ecological and posthuman understanding of Luhmann’s theory, that draws on Deleuzian thought, feminist theory, geography, non-representational theory, and new material and object-oriented ontologies. These are combined with some well-rehearsed autopoietic concepts, such as distinction, environment and boundaries; Luhmann’s earlier work on materiality continuum; more recent work on bodies and space; as well as his work on form and medium in relation to art. The article concludes with five suggestions for an understanding of what critical autopoietic materiality might mean for law.

Colour Sensation and Empathy: Arthur Schopenhauer's Negative Philosophy and Colour Theory as the Basis of an Elemental Colour Architecture

Arthur Schopenhauer proposed a theory of colour as a consequence of his first hand knowledge of J.W. Goethe’s experiments with color phenomena. This colour theory can be used to explore an interesting proposition Schopenhauer made about architecture. For Schopenhauer, architecture is about feelings, not about functions or forms, its purpose as an art is to reveal the principles of primitive forces, specifically gravity and rigidity. For Schopenhauer, architecture expresses these forces in the poised equilibrium of massive structures built out of stone. Schopenhauer was inclined to believed that architecture had already achieved its most perfect expression in Greek temple architecture. However; he did offer one possibility for architectural research: this was the suggestion that architecture was also concerned with the expression of light. It seems never to have occurred to Schopenhauer to use his colour theory to speculate about light in architecture. This paper explores some of the implications of Schopenhauer’s theory of colour for his aesthetics of architecture?

Empowering development: capabilities and Latin American critical traditions

This thesis theoretically and critically examines the move towards people-centred approaches to development. It offers a critical examination of the work of Amartya Sen using theoretical resources emerging from Latin American traditions. Amartya Sen’s calls to understand Development as Freedom (1999) have significantly influenced mainstream development thinking and practice, constituting the clearest example of people-centred approaches to development today. Overcoming the limitations of previous state-centred notions of development articulated around ideas of economic growth, in Sen’s Capability Approach (CA) development is seen as a process of expanding the real freedoms that people enjoy. In this understanding, the agency of development shifts from the state to individuals and the analytic focus moves from economic growth to individual capabilities. In this manner, this framework is structured towards the central goal of empowerment, wherein the expansion of capabilities is seen both as the means and end of development. Since its inception, the widespread support for the CA has allowed for the expansion of ethical considerations within mainstream development thinking. Even while the remarkable advances offered by Sen’s work should be praised, this thesis argues that these have come with new limitations. These limitations stem from, what is termed here, a “Paradox of Empowerment” that effectively encloses Sen’s approach within Western notions of development. While Sen’s approach is poised to provide a theoretical framework that is built on the expansion of freedom and individual agency, there is little agency here to move beyond the ideas of development fundamentally linked to liberal democracies and market economies. This thesis engages with several critical traditions from Latin America, recovering their often undervalued insights for development thinking. Crucially, this engagement provides the critical framework to illustrate the aforementioned paradox and explore multiple dimensions of empowerment central for contemporary development thinking and practice. In this, the thesis engages Sen’s work with the Liberation Theology of Gustavo Gutierrez, with Paulo Freire’s Critical Pedagogy and with the contemporary discussions of ‘Buen Vivir’ associated with Indigenous philosophies of the Andean region. Throughout its chapters,it uncovers the conceptual baggage within the Paradox of Empowerment in Sen’s work and examines the ethical challenges and boundaries of this approach in relation to the collective dimension of development processes, the possibilities for structural transformation and concerns for sustainability. Progressively engaging the different dimensions of this paradox, this thesis advances the recovery of the transformative potential of the ideas of empowerment for development.

Welcoming International Visitors - Communication and Culture

It is extremely rare for an international visitor to museums and galleries in the UK to find information in foreign languages which is anything more than a relatively literal translation of an English source text. At the same time, a huge body of research and theory in the humanities and social sciences implies that major cultural differences are likely to accompany the differences in first language of international visitors. As such, in spite of the fact that museums and galleries often declare their intention to meet the needs of their visitors, it is fairly clear that, in this instance, they are at best meeting their international visitors’ linguistic needs whilst ignoring their broader cultural needs. With this in mind, staff from the University of Westminster together with a number of London’s major museums and galleries obtained UK Research Council funding to work on the production of leaflets in foreign languages fully acknowledging cultural differences amongst international visitors. The collaboration was intended to generate reflection on how such materials might be most effectively produced, what impact they might have and what forms of policy review museums and galleries might as a result wish to undertake. The collaboration confirmed that cultural difference, and therefore difference in need, between visitors with different first languages is a simple reality. Translations, including ones which are culturally ‘adapted’ or ‘sensitive’, will always fall short of acknowledging the intercultural complexity of the experience of international visitors. Materials acknowledging that complexity are more effective. Museums and galleries need, therefore, to ask themselves how far and in what ways they wish to acknowledge this reality in the nature of the welcome they offer. The core of this article will draw on the outcomes of this collaboration, and also on aspects of translation and intercultural theory, to offer a critical exploration of some of the options museums and galleries therefore have in producing materials to welcome international visitors in ways which acknowledge the intercultural complexity of their experience.

Default Invariance: Naïve Category of Law and Finance

Default invariance is the idea that default does not change at any scale of law and finance. Default is a conserved quantity in a universe where fundamental principles of law and finance operate. It exists at the micro-level as part of the fundamental structure of every financial transaction, and at the macro- level, as a fixed critical point within the relatively stable phases of the law and finance cycle. A key point is that default is equivalent to maximizing uncertainty at the micro-level and at the macro-level, is equivalent to the phase transition where unbearable fluctuations occur in all forms of risk transformation, including maturity, liquidity and credit. As such, default invariance is the glue that links the micro and macro structures of law and finance. In this essay, we apply naïve category theory (NCT), a type of mapping logic, to these types of phenomena. The purpose of using NCT is to introduce a rigorous (but simple) mathematical methodology to law and finance discourse and to show that these types of structural considerations are of prime practical importance and significance to law and finance practitioners. These mappings imply a number of novel areas of investigation. From the micro- structure, three macro-approximations are implied. These approximations form the core analytical framework which we will use to examine the phenomena and hypothesize rules governing law and finance. Our observations from these approximations are grouped into five findings. While the entirety of the five findings can be encapsulated by the three approximations, since the intended audience of this paper is the non-specialist in law, finance and category theory, for ease of access we will illustrate the use of the mappings with relatively common concepts drawn from law and finance, focusing especially on financial contracts, derivatives, Shadow Banking, credit rating agencies and credit crises.