Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law’s place. Primarily set in the postcolonial context of Australia – although ranging beyond this nationalised topography, both spatially and temporally – this book argues movement is fundamental to the very terms of common law’s existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.
This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into ‘just’ modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and practitioners from other disciplines within the humanities, Spaces of Justice investigates unexplored associations between law and architectural theory, the visual arts, geography and cultural studies. The book contributes to the ongoing destabilisation of the boundaries between law and the broader humanities and will be of considerable interest to scholars and students with an interest in the normative dimensions of law’s ‘spatial turn’.
This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: • Spatiotemporal • Sense • Body • Text • Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity.
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.