ABSTRACT

The chapter asks whether a Rancièrian non-ontological conception of subjectivity can be transposed to the legal field towards emancipatory goals. Such potentiality is linked with the axiom of equality, which is a presupposition that must be assumed, as well as continuously reaffirmed and discerned in concrete practices, but that can never be institutionalized. The reconceptualization of the legal subject as ‘impersonal’ leads to the equal capacity of anybody, which sits well with the self-understanding of the critical lawyer trying to open up spaces strategically within the law.