In-enviroment of law

A linguistic game of prepositions in order to define the following: (1) What is the Environment? What is 'environment' for environmental law? (2) How does the law react to the complexity of its environment? (3) How to take into account the ecological crisis within a rather narrow, anthropocentric legal frame? (4) How to move away from the hackneyed binarism econcentricity/anthropocentricity and venture a different, de-centred conceptualisation? (5) How can utopia be considered in its potential realisation? The paper is a further investigation of the concept of the paradox in the ecological legal crisis.

Giving guilt: the aneconomy of law and justice

The concept of guilt is seen here as debt beyond repayment. Following Derrida, the gesture of giving is placed in the economy of gift, an aneconomical gift that is not part of the exchange cycle. At the same time, guilt is linked to desire, the desire to give and to be free from guilt. Desire is described as the urge to cross over, to apprehend the non-identical and to give oneself away. In this reinforced crossing, where the improbability of giving conditions the improbability of reaching out, guilt and its impetus are found locked up in claustrophobic self-reference. For this reason, the author consults Kierkegaard and Luhmann whose contributions show that the gesture of giving acquires its relevance not so much on account of its recipient, but precisely because of the absence of such a recipient. The combination of an absent recipient and an absented giver fills the gift with an emptiness that can only be channelled back upon itself, in the autopoietics of guilt. This is exactly the fate of the law, which can deal with the guilty but never with guilt (in the above sense). In its attempt to give away guilt, the law attempts to become other than itself: justice. The improbability of crossing over becomes more obvious than ever.

Atmospheres of law: senses, affects, lawscapes

In this article, I deal with airs and sounds and scents, while keeping an eye on the law. My field of enquiry is the interstitial area between sensory and affective occurrences, namely sensory experiences that are traditionally thought to be a causal result of external stimuli, and affective experiences that are mostly associated with emotional changes and generally allude to something internal. I am arguing that there is no constructive difference between internal and external origin of occurrences. In its stead, I suggest the concept of atmosphere, namely an attempt at understanding affective occurrences as excessive, collective, spatial and elemental. However, it quickly becomes apparent that an atmosphere is legally determined. The law controls affective occurrences by regulating property of sensory stimulation. At the same time, the law guides bodies into corridors of sensory compulsion – an aspect of which is consumerism in capitalist societies. The law achieves this by allowing certain sensory options to come forth while suppressing others, something which is particularly obvious in cases of intellectual property protection that capture the sensorial. I deal with the law in its material, spatial manifestation and in particular through what I have called the ‘lawscape’, namely the fusion of space and normativity. I employ a broadly Deleuzian methodology with insights from radical geography, affective studies, and urban and critical legal theory in order to develop and link the various parts of the text.

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.

The Literary relations between La Fontaine and the "Astrée" of Honoré d'Urfé : a dissertation presented to the faculty of the department of philosophy of the university of Pennsylvania in partial fulfilment of the requirements for the degree of doctor of philosophy / by Walther P. Fischer

Collection : Publications of the University of Pennsylvania ; n° 6

The historical game-changes in the philosophy of devotion and caste as used and misused by the Bhagavad-gita

This thesis considers that the purport of the Bhagavadgita is to prioritize the philosophy of loving devotion to God (bhakti), not the propagation of color-coded-caste (varna system). The distinction between bhakti and caste becomes clear when one sees their effect on human life and on the society. Jnana and karma, two of the other polarities with which the Gita contends, finally support bhakti towards betterment, not deterioration, if done selflessly and with balance. Caste, however, is a totally different tension, which is always detrimental to the well-being of the person and the society. In the Gita, the devotees' mystical or emotional love of, God apprehends their ~ oneness with the Supreme God and with all beings, and transcends the pitiless segregation of the caste system, and opens the path of salvation to all irrespective of race, color, caste, class or gender in life. In spite of much opposition from orthodoxy, the bhakti movement spread allover India, and bhakti itself rose to the level of orthodoxy and has become the faith of millions of people especially of the south, and surprisingly, of even of those of the so called highest caste. And yet, caste still remains as an indelible mark of every Hindu, even after they change their religion. Although caste is less venomous now, it is still openly present in all walks of Indian life and shows up its ugly head at important moments such as marriage, elections for public office, admission to school or employment. True, bhakti is the antidote for. caste; but only real bhakti can remove caste completely, not mere lip-service to it. This thesis claims that bhakti is the deliberate major thrust of the teaching of the Gita while caste seems to be a contradiction of this thrust.

The reign of law a tale of the Kentucky hemp fields by James Lane Allen; with illustrations by Harry Fenn and J. C. Earl

UANL

Two models of constitutionalism and the legitimacy of law : Dicey or Marshall ?

The article was first published in the Oxford University Commonwealth Law Journal.