The main objective of this article is to reflect on the way in which a certain neoliberal logic and rationality have become common-sense and to contemplate the possibility of a different aesthetic. The tone or mood of this piece draws on recent work on atmosphere, affect and complexity, which will be used to explore the theme of neoliberalism within the context of the university. In the course of this discussion, I will consider questions such as: how could a different aesthetic (...) influence the university as public space; the curriculum and academic community and friendship? How could a different aesthetic respond to epistemic, ontological and, inherently tied to them, spatial injustice? (shrink)

Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a (...) central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations. (shrink)

Blockchain technology is often discussed and theorized in relation to cryptocurrencies such as Bitcoin. Its quality as a technology that produces advanced encryption keys between objects, however, also makes it interesting to those who seek to connect physical objects to digital elements. The reason for this is that the link between objects needs to be ‘secure’ from undesired external interference. In relation to such interests, blockchain has been identified as a highly attractive technology to support the general digitalization of society (...) towards the Internet of Things, smart cities etc. In extension, the implementation of blockchain technology implies that it may work as a tool that has the capacity to direct which objects may/may not interact with each other. The ‘ledger of everything’ that blockchain may possibly produce as regards the ‘Internet of Everything’ is even suggested to make humans and other intermediary technologies redundant. In this essay, I argue that in order to sustain legal critique when the world moves into the next era of digitalization, we need to understand - and question - how technological control operates through e.g. blockchain technology by locking physical and digital elements to each other. (shrink)

In 2003, biophysicist and Nobel Laureate Maurice Wilkins published his autobiography entitled The Third Man. In the preface, he diffidently points out that the title was chosen by his publisher, as a reference to the famous 1949 movie no doubt, featuring Orson Welles in his classical role as penicillin racketeer Harry Lime. In this paper I intend to show that there is much more to this title than merely its familiar ring. If subjected to a comparative analysis, multiple correspondences between (...) movie and memoirs can be brought to the fore. Taken together, these documents shed an intriguing light on the vicissitudes of budding life sciences research during the post-war era. I will focus my comparative analysis on issues still relevant today, such as dual use, the handling of sensitive scientific information and, finally, on the interwovenness of science and warfare. Thus, I will explain how science autobiographies on the one hand and genres of the imagination on the other may deepen our comprehension of tensions and dilemmas of life sciences research then and now. For that reason, science autobiographies can provide valuable input for teaching philosophy and history of science to science students. (shrink)

Three-dimensional ‘bioprinting’ is under development, which may produce living human organs and tissues to be surgically implanted in patients. Like tissue engineering and regenerative medicine generally, the process of bioprinting potentially disrupts experience of the human body by redefining understandings of, and becoming actualised in new practices and regimes in relation to, the body. The authors consider how these novel sociotechnical imaginaries may emerge, having regard to law’s contribution to, as well as its possible transformation by, the process of 3D (...) bioprinting. The authors draw on Gilbert Simondon and corporeal, material feminists to account for these disruptions as ‘ontogenetic,’ in the sense that technology can produce new ontologies or beings. The authors focus namely on ontogenesis, individuation and the pre-individual forces that comprise, and yet remain inexhausted by, the process of 3D bioprinting. The authors argue legal phenomena are pre-individual forces that ‘in-form’ ontogenesis. These pre-individual forces are indistinguishable from those implicated in the individuation of the body’s physical form; thereby, the individuation of the bodily material through 3D bioprinting may be expressive and generative of sociolegal phenomena, at least as those relate to the body. The authors conclude that 3D bioprinting shores up conventional, liberal conceptions in law of the human body as individual, bounded and primarily contractual. Three-dimensional bioprinting may introduce ontological difference to the extent it promises and realises a new temporality of the human as a species- and legal-subject, although such a development would only seem to expand, rather than attenuate, a biopolitical regime. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

Definitions of death are often referred to as legal fictions since brain death was conceived in the mid-twentieth century. Reference to legal fiction is generally paired with bioethicists’ concern that it facilitates post-mortem tissue donation and the health system generally, by determining death earlier on the continuum of dying and availing more viable tissue and therapeutic resources for others. The author argues that spatio-legal theory, drawing from legal geography, can account for the heterogeneity of effects that the fiction has in (...) spatially managing bodies (e.g., physicians, patient, family) at the bedside. The legal fiction is produced in physicians’ socio-legal practices, coordinating decision-making according to geographies of scarcity and severable, self-contained live- and dead-bodies. The determination liminally exists between private and public, enacting a sterile, affectless ordering of bodies but administered in the spectacle of sovereign death-making, conveying authority whilst managing patient’s and family’s consents. Spatialising traces of anatamo-politics and biopolitics thereby congeal and are enacted heterogeneously in and through the legal form of the fiction, securing preferred constructions of the body in the management of mortality. These spatio-legal features of the legal fiction are described from their collision with case law and literature that document competing nomoi produced from or secreted by antinomian bodies. (shrink)

The main objective of this article is to reflect on the way in which a certain neoliberal logic and rationality have become common-sense and to contemplate the possibility of a different aesthetic. The tone or mood of this piece draws on recent work on atmosphere, affect and complexity, which will be used to explore the theme of neoliberalism within the context of the university. In the course of this discussion, I will consider questions such as: how could a different aesthetic (...) influence the university as public space; the curriculum and academic community and friendship? How could a different aesthetic respond to epistemic, ontological and, inherently tied to them, spatial injustice? (shrink)

This article employs a consideration of Peter Fitzpatrick’s early work in Papua New Guinea to reflect on legal and social developments in the country since his residence there during the independence period. In particular, Fitzpatrick’s concerns about the emergence of a Papua New Guinean bourgeois legality that would shape the postcolony are shown to have been prescient in some respects, and also to have had other outcomes unanticipated by the Marxist legal and anthropological imagination of the 1970s. Finally, I use (...) examples from the heterogeneous lawscape of Papua New Guinean cities to illustrate how the ‘true people’s law’ envisioned by Fitzpatrick is in the process of emerging in spaces outside of formal legislative or court processes. (shrink)

The article proposes a new way of thinking through truth commissions by discerning the manner in which they usher in new political configurations through voices and vocalizations. It contributes to our understanding of truth commissions by way of proposing a pragmatic ontology of bonds between the body, voice, and testimony by elucidating the central features that make them vocal assemblages, composed of five sub-institutional capacities: they affect and are affected by bodies in a complex topological relation; they are driven by (...) an apology, which itself proffers a non-human body of transformation; they potentiate reconciliation through spontaneous vocalizations; they are ontogenetic openings that reassemble national pasts, presents, and futures; and they are temporally experiential predecessors to political action. While victim testimony is taken as a historical crowning of the edifice for nations seeking to mend their past injustices, I contend that public reparation flourishes only if the state is open to the alternative orientations the voice proffers—that is, following recent observations of transitional justice, truth commissions have the potential to seek out alternative context-specific forms of justice in place of a universal law of reconciliation. By way of a brief discussion of Aboriginal artist K.C. Adams’ diptych series, Perception, the article proposes that voices pose a nuanced figuration of auto-affection as a communicative possibility towards the presentation and invention of the self. (shrink)

Three recent publications evidence a growing interest in critical jurisprudence with materiality, technology, affect and atmosphere. These approaches pose fundamental challenges to existing traditions within legal critique, spurning a focus on the ideology of legal reasoning and exploring instead the unique practices through which the law binds subjects through material, affective and atmospheric manipulations. Through either Andreas Philippopoulos-Mihalopoulos’s ‘lawscape’ or Kyle McGee’s ‘jurimorphs’ these innovative theoretical projects pluralise the ‘forces’ which account for the law’s normativity, disavowing the notion that such (...) forces can be reduced either to a transcendental form or to notions of structural or symbolic violence. These approaches address a ‘democratic deficit’ in legal philosophy that has generally excluded the realm of the material in its theorising and allows us to attend to the multiple forms that allow for the passage of law. (shrink)