The Activity of Judgment: Deleuze, Jurisdiction and the Procedural Genre of Jurisprudence
Edward Mussawir
Abstract
Edward Mussawir
Abstract
Modern legal theory is beginning to rediscover its connection with the language and conceptuality of ‘‘jurisdiction.’’ The reasons for this are not simply theoretical: — they are also technical and pragmatic. In an age in which the capacity to make new laws has been invoked as an almost mechanical response to changing patterns of social order, the connection that jurisprudence may still keep with the technical work of jurisdiction represents an important and unresolved problem. This article enlists Gilles Deleuze’s critique of the activity of judgment to explore this problem and to reconstruct some elements to a procedural genre of jurisprudence.
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Modern legal theory is beginning to rediscover its connection with the language and conceptuality of ‘‘jurisdiction.’’ The reasons for this are not simply theoretical: — they are also technical and pragmatic. In an age in which the capacity to make new laws has been invoked as an almost mechanical response to changing patterns of social order, the connection that jurisprudence may still keep with the technical work of jurisdiction represents an important and unresolved problem. This article enlists Gilles Deleuze’s critique of the activity of judgment to explore this problem and to reconstruct some elements to a procedural genre of jurisprudence.
Key concepts: Jurisdiction, Jurisprudence, Connection (principal bundle), Order (exchange), Sociology, Therapeutic jurisprudence, Law, Epistemology