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Presentation
Post-Law
Ways of Knowing: Epistemology & Law (2018)
  • Peter Goodrich, Benjamin N. Cardozo School of Law
Abstract
The world is linked and much as the monumental and unmoving facades of the courthouses would wish to intimate otherwise the sedentary and sedimented practices of law have become virtual and viral. Prisoners and witnesses appear in court on video link and judges and lawyers enter the carceral regime and the prison cell on television screens, as digital visages “bald heads, torsos, rears, part objects“ and not as bodies or as the flesh, blush and brine of presence. This virtuality of interaction, the simultaneous distancing and immediacy of subjects, trial in a floating world, is a radically different event to the viscera and affects of actual interactions in what is legally termed "the presence of the court" (in praesentia curiae). The intervention of video and the leakage out of the courtroom and into the world undoes, as our case examples show, the fiercely guarded but ineluctably unsuccessful closure of the court and the rigidity of the places, the hierarchy and ritual of legal monologue. The boundaries of the law are broken by new technologies and the symbolic statuses and assigned places of the participants are unleashed and subject to revision, review and rectification in the new era of internet avatars and blogosphere remediation and relay. By the same token the textuality of law and doctrine, the vellum of legislative enactment and the carefully bound volumes of reports, has also been cut loose and set adrift in the fragmentary and unedited dominions of hashtag relay and tweet. Justice which needs not only to be done but to be seen to be done is now, increasingly, without administrative filter, being seen and its doing is open to question.
Disciplines
Publication Date
May 31, 2018
Location
London, UK
Comments
Hosted by the School of Law, University of Westminster, London in association with Institute of Advanced Legal Studies, University of London
Citation Information
Peter Goodrich. "Post-Law" Ways of Knowing: Epistemology & Law (2018)
Available at: http://works.bepress.com/peter-goodrich/93/