Deakin University
Browse

File(s) under permanent embargo

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

Version 2 2024-06-17, 18:05
Version 1 2016-03-17, 06:01
journal contribution
posted on 2024-06-17, 18:05 authored by L 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

Usage metrics

    Research Publications

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC