Flesh of the Law: Material Metaphors

Existing legal metaphors, even the predominantly spatial and corporeal ones, paradoxically perpetuate a dematerialized impression of the law. This is because they depict the law as universal, adversarial, and court-based, thus ignoring alternative legalities. Instead, there is a need to employ more radically material metaphors, in line with the material turn in law and other disciplines, in order to allow law's materiality to come forth. I explore the connection between language and matter (the ‘flesh’ of the law) through legal, linguistic, and art theory, and conclude by suggesting four characteristics of material legal metaphors.

Reading Maud’s remains: Tennyson, geological processes, and palaeontological reconstructions

As Tennyson's “little Hamlet ,” Maud (1855) posits a speaker who, like Hamlet, confronts the ignominious fate of dead remains. Maud's speaker contemplates such remains as bone, hair, shell, and he experiences his world as one composed of hard inorganic matter, such things as rocks, gems, flint, stone, coal, and gold. While Maud's imagery of “stones, and hard substances” has been read as signifying the speaker's desire “unnaturally to harden himself into insensibility” (Killham 231, 235), I argue that these substances benefit from being read in the context of Tennyson's wider understanding of geological processes. Along with highlighting these materials, the text's imagery focuses on processes of fossilisation, while Maud's characters appear to be in the grip of an insidious petrification. Despite the preoccupation with geological materials and processes, the poem has received little critical attention in these terms. Dennis R. Dean, for example, whose Tennyson and Geology (1985) is still the most rigorous study of the sources of Tennyson's knowledge of geology, does not detect a geological register in the poem, arguing that by the time Tennyson began to write Maud, he was “relatively at ease with the geological world” (Dean 21). I argue, however, that Maud reveals that Tennyson was anything but “at ease” with geology. While In Memoriam (1851) wrestles with religious doubt that is both initiated, and, to some extent, alleviated by geological theories, it finally affirms the transcendence of spirit over matter. Maud, conversely, gravitates towards the ground, concerning itself with the corporal remains of life and with the agents of change that operate on all matter. Influenced by his reading of geology, and particularly Charles Lyell's provocative writings on the embedding and fossilisation of organic material in strata in his Principles of Geology (1830–33) volume 2, Tennyson's poem probes the taphonomic processes that result in the incorporation of dead remains and even living flesh into the geological system.

Regulation and Social Media: Speed Bumps or the Code 2.0

“Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather (…)” (Barlow 1996). Barlow’s declaration of independence of February 8 1996 was an expression of the libertarian approaches that have run through the Internet since its inception, and is the root of the misapprehension that the internet is somehow unregulated by state sovereignty. But why was it published that day? What happened?