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.

Comment: The Instagram Lawscape

Andreas Philippopoulos-Mihalopoulos has recently published a collection of what he calls “picpoems”, which were poems inspired by pictures that he took using an iPhone. The pictures were taken and subsequently listened to through a posthuman methodology, which resulted in his composition of the poems. This comment comprises a conversation between Pravin Jeyaraj and Philippopoulos-Mihalopoulos, in which Jeyaraj explores how the picpoems offer a visualisation of being inside the lawscape, which is an environment created by an invisible law. He argues that the role of law is to highlight the lack of control we have over our bodies and how suicide is the only way we can have any form of control over our escape.

A World without Causation: Big Data and the Coming of Age of Posthumanism

Advocates of Big Data assert that we are in the midst of an epistemological revolution, promising the displacement of the modernist methodological hegemony of causal analysis and theory generation. It is alleged that the growing ‘deluge’ of digitally generated data, and the development of computational algorithms to analyse them, has enabled new inductive ways of accessing everyday relational interactions through their ‘datafication’. This paper critically engages with these discourses of Big Data and complexity, particularly as they operate in the discipline of International Relations, where it is alleged that Big Data approaches have the potential for developing self-governing societal capacities for resilience and adaptation through the real-time reflexive awareness and management of risks and problems as they arise. The epistemological and ontological assumptions underpinning Big Data are then analysed to suggest that critical and posthumanist approaches have come of age through these discourses, enabling process-based and relational understandings to be translated into policy and governance practices. The paper thus raises some questions for the development of critical approaches to new posthuman forms of governance and knowledge production.