chapter  2
40 Pages

The importance of movement

This chapter addresses the technical forms and material practices of common law's movements. It introduces forms of movement, which considers movement more generally before introducing some of the ways in which common law moves. The chapter links movement to jurisdiction and technology as a matter of jurisprudence. It notices the institution of burial as one of the ways in which common law moves in relation to the dead, contributing to the humanisation of the earth and, perhaps, its juridification. Aristotle's account of movement is more properly an account of motion. More specifically, there is a complication of movement that arises from Aristotle's distinction between kinesis and energeia. Linking burial to place through common law's jurisdictional technologies of movement, suggests that common law's movements in relation to the dead through ceremonials of burial produce space contributing to a temporary superficial attachment between common law and the earth and hence the making of common law's place.