ABSTRACT

This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.

chapter |13 pages

Introduction

Rancière and the possibility of law

part |28 pages

Law without method

part |66 pages

From the rights of subjects to the subjects of rights

chapter 2|26 pages

Fight for your rights

Refugees, resistance, and disagreement

chapter 3|19 pages

Rancière and the legal subject

Coming to terms with non-existence

part |40 pages

Democracy, constitution, and the state

chapter 5|18 pages

The constitution of the constitution

Democratic legitimacy and public discourse

chapter 6|20 pages

Rancière and Schmitt

Sons of Ares?

part |55 pages

Law and aesthetics

chapter 7|15 pages

Undoing law

Public art as contest over meanings

chapter 8|21 pages

Representing law ‘in’ the Holocaust or seeking the unrepresented

Undoing the legacy of Nuremberg