Against interpretation? On global (non-)law, the breaking-up of homo juridicus, and the disappearance of the jurist
Version 2 2024-06-17, 18:05Version 2 2024-06-17, 18:05
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journal contribution
posted on 2024-06-17, 18:05authored byL Siliquini-Cinelli
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.
History
Journal
Journal of civil law studies
Volume
8
Pagination
443-491
Location
Barton Rouge, La.
ISSN
1944-3749
Language
eng
Publication classification
C Journal article, C1 Refereed article in a scholarly journal
Copyright notice
2015, Center of Civil Law Studies, Louisiana State University Law Center
Issue
2
Publisher
Center of Civil Law Studies, Lousiana State University Law Center