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Finding and Losing One's Self in the Topoi: Placing and Displacing the Postmodern Subject in Law

Published online by Cambridge University Press:  02 April 2024

Extract

The metaphors Santos (1995) affords us for orienting a postmodern subject no doubt emerge from a substantial body of empirical research and theoretical deliberation. Having only been provided with a very brief summary of his remarks upon which to base my own, I risk an insistence upon sociohistorical contextualization that may well be more appropriately attended to in Santos's aggregated agenda. So be it. My point, in any case, is simply to suggest that rather than privilege any formulation of the subject, postmodern or otherwise, in a progressive reimagining of the law, we put the subject at risk by continuously interrogating its privileges. I might begin by disputing Santos's claim that “we” are in a period of “paradigmatic transition” by virtue of having to acknowledge other knowledges and “rival epistemologies” by asking for whom the exhaustion of modernity's certainties is a “deep and irresolvable crisis.” Similarly, one could argue that, far from being exhausted, modernity's categories continue to provide many of the conceptual resources for a truly profound expansion of democratic politics—one that is only now realizing its potential by virtue of the failure of Enlightenment universal-isms and the proliferation of identities, epistemologies, and new social movements (Botwinick 1993; Laclau 1993, 1994; Lefort 1988; McClure 1992; Mouffe 1992a, 1993, 1995). Such politics, of course, are very likely to be enacted in struggles to expand the inclusiveness of common law and legislative categories—in courts, legislatures, and administrative tribunals, at local, national, and international levels. I will briefly return to the potential politics of postmodernity in my conclusion, for it is there, perhaps, that we might find more promising resources for a new conception of law.

Type
Charting a Course for Sociolegal Scholarship: A Symposium
Copyright
Copyright © 1995 by The Law and Society Association

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References

Berlant, Lauren (1993) “National Brands/National Body,” in Robbins 1993.Google Scholar
Botwinick, Aryeh (1993) Postmodernism and Democratic Theory. Philadelphia: Temple Univ. Press.Google Scholar
Carroll, David (1993) “Community after Devastation: Culture, Politics and the ‘Public Space,‘” in Poster 1993.Google Scholar
Cheah, Pheng (1995) “Violent Light: The Idea of Publicness in Modern Philosophy and in Global Neocolonialism,” 43 Social Text 163.Google Scholar
Dentith, Simon (1995) Bakhtinian Thought. New York: Routledge.Google Scholar
Gossman, Lionel (1986) Review of Mikhail Bakhtin, 38 Comparative Literature 337.Google Scholar
Laclau, Ernesto (1993) “Power and Representation,” in Poster 1993.Google Scholar
Laclau, Ernesto (1994) The Making of Political Identities. London: Verso.Google Scholar
Lefort, Claude (1988) Democracy and Political Theory. Minneapolis: Univ. of Minnesota Press.Google Scholar
McClintock, Anne (1995) Imperial Leather: Race, Gender, and Sexuality in the Colonial Contest. London: Routledge.Google Scholar
McClure, Kirstie (1992) “On the Subject of Rights: Pluralism, Plurality and Political Identity” in Mouffe 1992b.Google Scholar
Mouffe, Chantal (1992a) “Democratic Citizenship and Political Identity” in Mouffe 1992b.CrossRefGoogle Scholar
Mouffe, Chantai, ed. (1992b) Dimensions of Radical Democracy. New York: Routledge.Google Scholar
Mouffe, Chantai (1993) The Return of the Political. London: Verso.Google Scholar
Mouffe, Chantai (1995) “Democracy and Pluralism: A Critique of the Rationalist Approach,” 16 Cardozo Law Rev. 1533.Google Scholar
Peters, John Durham (1995) “Publicity and Pain: Self-Abstraction in Adam Smith's Theory of Moral Sentiments,11 7 Public Culture 657.Google Scholar
Poster, Mark, ed. (1993) Politics, Theory, and Contemporary Culture. New York: Columbia Univ. Press.Google Scholar
Pratt, Mary Louise (1992) Imperial Eyes: Travel Writing and Transculturation. New York: Routledge.CrossRefGoogle Scholar
Robbins, Bruce, ed. (1993) The Phantom Public Sphere. Minneapolis: Univ. of Minnesota Press.Google Scholar
Roberts, Diane (1994) The Myth of Aunt Jemima: Representations of Race and Region. New York: Routledge.Google Scholar
Santos, Santos Boaventura de (1995) “Three Metaphors for a New Conception of Law: The Frontier, the Baroque, and the South,” 29 Law & Society Rev. 569.Google Scholar
Stallybrass, Peter, & White, Allon (1986) The Politics and Poetics of Transgression. Ithaca, NY: Cornell Univ. Press.Google Scholar
Warner, Michael (1993) “The Mass Public and the Mass Subject,” in Robbins 1993.Google Scholar