ABSTRACT

Critical legal studies, critical legal feminism, critical race theory, cultural legal studies, postmodern jurisprudence – will occur and recur. This ebb and flow of legal critique, however, is prefigured in, and overdetermined by the Rule of Law itself. For what might be called the Rule of Law's thesis – of full and fair procedures available to all – gives rise to its antithesis – critique – in much the same way, Capital organises its dialectical opposite, Labour. For the cartography of power is dramatically uneven in, and under nineteenth-century governmentality. At certain points, it is overaccreted with governmental control, notably at its policed and patrolled frontiers, those national boundaries through which labour, immigration and goods flow. However, at others points – namely those domestic spaces of civil society, the market and the 'lifeworld' – that governmental control is much more diffuse, if not dispersed altogether.