The legal file

In this essay I examine the criminal defense file. I argue that being a largely neglected “object” of the legal field, upon a close examination, the file discloses its intriguing materiality as what is predicated on the structure of the fold that allows for the objective, virtual, and narrative spheres to overlap in a specific act-object, which, with Gilles Deleuze, I call objectile. A subsequent phenomenological analysis of the legal file as objectile shows how its constitutive features help the attorney shape ordinary matters into plentiful matters, turning the file into a locally designed sign system. Once exposed, this system reveals its relations to the legal system at large, with individual activities, institutional practices, and legal procedures all being a part of a complex manifold that is law.     

Trial and Error – Failing and Learning in Criminal Proceedings

This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer’s firms. We will track down the failures of topoi at three different stages (pre-trial, trial, and deliberation) in our different legal regimes. Failing occurs in all proceedings in various modes and at different stages. We argue that those modes as well as the different stages at which they occur point at the spots in the respective procedures that allow for learning about the inherent conceptions of “good reasons.”     

Deleuze &; Guattari’s Intensive &; Pragmatic Semiotic of Emergent Law

The paper articulates Deleuze & Guattari’s semiotics towards a semiotic of law through a discussion of the intensive semiotics of the field of emergence and pragmatic semiotics of social power. Within the framework of the pragmatic semiotics, it is argued that the crucial tension is how social machines and their regimes of signs operate with the intensive semiotics of the field of emergence. The signifying regime of the State social machine constructs itself on the excluded foundation of the field of emergence, and what is lost are the real ontological and social conditions of emergence, intensity and affect. In contrast, the counter-signifying regime of the war social machine actively operates with the intensive semiotic of the field of emergence, and develops an image of legality and regime of signs that taps the field of emergence for social organisation and expression. Returning to the issue of emergence and legality, the concept of Emergent Law is developed as a war social machine, abstract machine, assemblage, and regime of signs, that operates a semiotic that is developed in terms of an intensive semiotics that is open to and taps the forces of the field of emergence.     

<Emphasis Type="Italic">Peters Edition v. Batt</Emphasis>: The Intertextuality of Silence

The article deals, on the one hand, with a legal conflict between a musical performer/arranger, Mike Batt, and the estate of a composer of avant-garde music, John Cage, over copyright. It is also concerned with the field of intertextuality – how meaning is created in a text or in a work of art, whether it is visual, musical or verbal, through allusions and quotations to previous texts or works of art. The controversy, which did not reach the courts because of a pre-trial settlement, was over an author’s rights to silence, or, as in this case, a silent piece of music. The central issue discussed is the way in which silence may be considered – if at all, to be protectable.     

Schadenersatzreform – Gefährdungshaftung und Unternehmerhaftung

Der Entwurf eines neuen ?sterreichischen Schadenersatzrechts sieht Regelungen der Gef?hrdungshaftung sowie der Unternehmerhaftung vor. Der Beitrag untersucht die jeweilige Ausgangslage, das Reformanliegen und die Konsequenzen einer Reform.     

Zum Regelungsumfang des Art 16 Z 2 LGVÜ/Art 22 Z 2 EuGVVO

Klagen gegen einen internationalen Sportverband, die auf Feststellung der Unwirksamkeit einer Sperre eines bei einem nationalen Sportverband besch?ftigten Trainers von Wettbewerben dieses Sportverbandes und auf Unterlassung von Handlungen, die eine Akkreditierung verhindern bzw erschweren, gerichtet sind, unterliegen der ausschlie?lichen inl?ndischen Gerichtsbarkeit des Sitzstaates; eine Verbindung solcher Klagen mit einer gegen den nationalen Verband gerichteten gleichartigen Klage ist daher unzul?ssig. – Eine damit zusammenh?ngende Schadenersatzklage gegen den internationalen Verband steht auch nicht in dem von Art 6 Nr 1 LGVü geforderten Zusammenhang mit einer Klage gegen den nationalen Verband wegen Aufl?sung des Trainervertrages aufgrund der Sperre.     

Making Sense of COMPSTAT: A Theory-Based Analysis of Organizational Change in Three Police Departments

COMPSTAT, the latest innovation in American policing, has been widely heralded as a management and technological system whose elements work together to transform police organizations radically. Skeptical observers suggest that COMPSTAT merely reinforces existing structures and practices. However, in trying to assess how much COMPSTAT has altered police organizations, research has failed to provide a broader theoretical basis for explaining how COMPSTAT operates and for understanding the implications of this reform. This article compares two different perspectives on organizations—technical/rational and institutional—to COMPSTAT's adoption and operation in three municipal police departments. Based on fieldwork, our analysis suggests that relative to technical considerations for changing each organization to improve its effectiveness, all three sites adopted COMPSTAT in response to strong institutional pressures to appear progressive and successful. Furthermore, institutional theory better explained the nature of the changes we observed under COMPSTAT than the technical/rational model. The greatest collective emphasis was on those COMPSTAT elements that were most likely to confer legitimacy, and on implementing them in ways that would minimize disruption to existing organizational routines. COMPSTAT was less successful when trying to provide a basis for rigorously assessing organizational performance, and when trying to change those structures and routines widely accepted as being "appropriate." We posit that it will take profound changes in the technical and institutional environments of American police agencies for police departments to restructure in the ways anticipated by a technically efficient COMPSTAT.