You are not logged in.

Against interpretation? On global (non-)law, the breaking-up of homo juridicus, and the disappearance of the jurist

Siliquini-Cinelli, Luca 2015, Against interpretation? On global (non-)law, the breaking-up of homo juridicus, and the disappearance of the jurist, Journal of civil law studies, vol. 8, no. 2, pp. 443-491.

Attached Files
Name Description MIMEType Size Downloads

Title Against interpretation? On global (non-)law, the breaking-up of homo juridicus, and the disappearance of the jurist
Author(s) Siliquini-Cinelli, Luca
Journal name Journal of civil law studies
Volume number 8
Issue number 2
Start page 443
End page 491
Total pages 49
Publisher Center of Civil Law Studies, Louisiana State University Law Center
Place of publication Baton Rouge, La.
Publication date 2015
ISSN 1944-3749
Keyword(s) Homo juridicus
Law
Jurist
Summary This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, it will be contended that the re-discovery of the anthropological and onto-sociopolitical function of the jurist depends upon the re-affirmation of: (1) the will’s oscillation between velle and nolle as constitutive of human uniqueness; (2) the need to interpret homo juridicus’s will power normativistically, and what this power leads to.
Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Center of Civil Law Studies, Louisiana State University Law Center
Persistent URL http://hdl.handle.net/10536/DRO/DU:30082261

Document type: Journal Article
Collection: Law
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 0 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 58 Abstract Views, 2 File Downloads  -  Detailed Statistics
Created: Thu, 17 Mar 2016, 09:09:55 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.