chapter  5
17 Pages

Emergent Law: Schizo Lawyer and Vagabond Lawyer

The workshop on social machines and social assemblages, drawing in the prior two lectures on the earth and the brain, developed the noology of legalities. The noology of legalities is the deployment of the schizo image of thought in relation to legality, the virtual problematic of social organisation and legality, the drawing of a plane of immanence for all legality, and the study of social machines, abstract machines of legality, and assemblages of legality (both extensive and intensive). This noology of legalities was linked to the social machine of the people yet to come and the new earth, and is an investment of the social fi eld in accordance with this social machine. Chapter 4, ‘Four Laws: From the Ecumenon to the Planomenon’, developed the noology of legalities in the discussion of the four social machines drawn out by Deleuze & Guattari, and of their relations to the ecumenon, mechanosphere and planomenon. This chapter extends the noology of legalities in the development of the concept of emergent law as the concept that best draws out the reach and scope of Deleuze & Guattari’s work on social organisation and legality. The concept of emergent law is legality as a philosophical

and ethical-aesthetic practice and paradigm, and the legality of absolute decoding and deterritorialisation. This extension of the noology of legalities is pursued initially through the fundamental opposition between logos legality and nomos legality that Deleuze & Guattari draw in their thinking about social organisation and legality. There are complex relations and tensions between logos legality and nomos legality on the problematic plane and problem fi eld of legality, although it is in the nomos legality that Deleuze & Guattari fi nd an immanent ontological priority of an emergent law that organises cosmic decoded and deterritorialised forces for social organisation and legality. The extension in the noology of legalities of the concept of emergent law is to establish and develop the concept itself as a philosophical and ethical aesthetic practice and paradigm centred on an abstract machine of the creation of new immanent concepts of legality (D&G ( 1994 )). Emergent law is a virtual and intensive legality, connecting the planomenon earth and planomenon brain directly to the cosmic forces of decoding and deterritorialisation. Emergent law as a practice is both critical and creative. In its critical aspect it is a matter of having done with molar law and molar lawyering, and all that these entail on terms of the State social machine, the State abstract machine and assemblage within the capitalist social machine, and the deployment of Oedipus in the private family (the relation between emergent law and capitalism is considered in the fi nal chapter ‘A Legality for a New Earth’). This critical distancing from molar law and molar lawyering is two-fold. There is a ‘doing without’ of molar law and molar lawyering on the basis of a know how of multiplicities, problematics, abstract machines of legality, assemblages of legality. The noological know how of multiplicities of legality suppleates and replaces molar law and molar lawyering. There is a ‘having done with’ on the basis of the investment of the abstract machine and immanent social fi eld of the people yet to come and the new earth, with a correlate ability to disinvest the attachments to the State social machine and the investments of the capitalist social fi eld. In its creative aspect it is a matter of establishing the concept of emergent law, drawing its plane, sketching out its abstract machines, intensive assemblages, and the conceptual personae that operate it. The abstract machine of emergent law, drawing on the schizo image of thinking, the war machine, and the nomos, is schizo law, and its conceptual personae is the schizo lawyer. The emergent law intensive assemblage is the machining of the intensive social problem fi eld of problems of sensation, affects and becoming, and the conceptual personae of this intensive assemblage, drawing on vagabond thought, is the vagabond lawyer. Emergent law is the alliance of the schizo lawyer and the vagabond lawyer. Emergent law becomes a philosophical and ethical-aesthetic practice and paradigm, and develops as a social machine of justice, orientated towards a legality for a new earth.