Tag: Legal Theory

Legality and the Production of Difference

Legal theoretical approaches oriented around discerning a constitutive difference between law and morality are misguided in that they misrepresent epistemological claims for ontological certainty. While some, such as Kelsen, have been admirably straightforward about this, other legal scholars have attempted to hide this unfortunate reality beneath layers of conflation and qualifications.1 Hart’s work is the…

The Atmosphere of Revolution?

I want to follow up on a post from last year about the general strike, using the idea of silence as that which binds it together in its negativity (or catastrophe as Sorel would say). As I reread that piece for a book that I’m trying to write about crowds, I realised that one of…