Fictions of Origin: Law,Abjection, Difference

This article seeks to offer a critique of what it terms ‘Law-as-Logos’ (the Western conceptualisation of ideal Law in terms of pure ‘Presence’) from a perspective that combines some of the insights of contemporary psychoanalytic, deconstructive and feminist theory with recent developments in critical legal studies. The essay seeks to offer a re-theorisation of law, not as ‘Logos’ but as ‘difference’. The law, it will be argued, exists only as that arbitrary point of demarcation between the space of the sacred and the space of the abject and, to re-orient psychoanalytic readings of abjection towards a Derridean understanding of differance, the law may be articulated as the ‘trace’ that makes ‘presence’ possible whilst at the same time threatening its total erasure. Law-as-difference thus becomes maddening in its capacity to establish and erase boundaries and the second part of the essay examines this phenomenon particularly in the context of the relation between law-as-difference and the textuality of a Law that requires to be ‘put into writing’. It argues, in conclusion, that a theorisation of law-as-difference raises inevitably the question of the relation of ‘woman’ to the law and it ends with a re-positioning of the figure of Antigone as a means of interrogating the relation of the ‘feminine’ within the Western symbolic economy to the scandalous impurity of law-as-difference.¹ P. Goodrich, Languages of Law: From Logics of Memory to Nomadic Masks (London: Weidenfield and Nicolson, 1990), 268     

Icons of control: Deleuze,signs, law

This paper is broadly concerned with Deleuze’s distinction between ‚la loi et les lois’ on the one hand, and jurisprudence on the other. Jurisprudence is the␣creative action of legal practice, the process by which it is forced to think constructively and anew. In such circumstances legal thought is akin to Deleuze’s concept of the event. I explore the distinction between law and jurisprudence by way of Deleuze’s comments on control societies, arguing that, under control, law ceases to be a juridical hierarchy conforming to disciplinary modes to become a regulatory practice of interminable modulation. In order to begin to explore the relations and connections between law/jurisprudence and control, the paper will look to the semiotics of C.S. Peirce (who influenced Deleuze’s work on cinema). In particular it will argue that control operates predominantly through icons. As a consequence I argue that the proper ground of the sign, the event, is co-opted and, following from this, that control functions through the confusing of sense and meaning. Thanks to Anne Bottomley, Ronnie Lippens and Jamie Murray.     

The Rights of Victims: Participation, Representation, Protection, Reparation

Victims have the right under Cambodian law to participate inthe Cambodian Extraordinary Chambers’ trials. The mannerin which they will exercise this right remains unsettled, butwill affect whether these trials are eventually fair, theirimpact on national reconciliation, and the establishment ofprecedents for future Cambodian litigation. The exercise ofvictims’ rights should be adapted to the context of trialsfor mass crimes, affecting victim participation, representation,protection and reparation.     

Widows: perceptions,demography, residence patterns,and standard of living

This article examines the formulation, application, and effects of Article 31 of Law 14.394, which introduced absolute divorce into Argentina, albeit briefly: the law was passed in December 1954 and ‘suspended’ in March 1956. Our study sheds light on the juridical dimension of a topic that has not been considered to date. We present the results of our research in two parts. The first part analyzes the text of the law and the debates around it in Argentina's Congress. The second part provides an overview of divorce sentences and then considers certain exceptional cases. The specific features of the debates and sentences considered here provide a more complex vision of Juan Domingo Perón's government's definitions of the ‘new family.’     

Japan,Korea, the Philippines,China: four syndromes of corruption

Both generalizations about “Asian corruption”, and claims about greater or lesser amounts of corruption, tend to overlook the many variations existing among and within Asian societies, and among the corruption problems they experience. I suggest that deeper influences in social, political and economic development, and contrasting institutional settings, create four distinctive syndromes of corruption, each with its own set of implications for relationships between wealth and power. Japan is an example of “influence markets” in which private interests buy or rent influence over relatively specific policy outcomes within a strong state. Korea is a case of “elite cartels”, in which collusion and corrupt incentives enable several kinds of elites to cooperate in governing, enriching themselves, and resisting rising political competition. The Philippines is marked by “oligarchs and clans”, with powerful families and their entourages plundering a weak state in a climate of uncertainty and insecurity. China experiences “official mogul” corruption, in which officials abuse state power with impunity, although that process is becoming increasingly fragmented. The four syndromes may help us understand why corruption and rapid growth have coexisted in some, but not all, Asian states for long periods of time, and may also help us understand why some of those states will adapt to new global realities only with some difficulty. They also show how “consensus”-driven reforms emanating from the west may not only be ineffective, but may actually make matters worse.