Shaun McVeigh - Böcker

This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law). This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.

This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law). This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.

The genealogy of legal office is pieced together here to rediscover the scope and ambition of a role that has been largely lost to conscious self-reflection. Organized around a concern with the inheritance of juristic traditions, institutions, and forms of life, the contributors to this book take up the question of how a jurist might learn to live, or die, with law. The collection invites readers to reconsider fundamental questions: What responsibilities accompany the jurist’s role? How do different traditions conceptualize the ethical obligations of legal interpretation? What happens when established norms face modern challenges? By reconstructing the genealogy of legal office across diverse traditions, the contributors recover aspects of juridical identity that have faded from contemporary awareness.Law, Ethics, and the Office of the Jurist will appeal to legal scholars, practitioners, and students, as well as those in adjacent fields concerned with professional ethics, institutional history, and the evolving relationship between law and society in our complex global landscape.

The genealogy of legal office is pieced together here to rediscover the scope and ambition of a role that has been largely lost to conscious self-reflection. Organized around a concern with the inheritance of juristic traditions, institutions, and forms of life, the contributors to this book take up the question of how a jurist might learn to live, or die, with law. The collection invites readers to reconsider fundamental questions: What responsibilities accompany the jurist’s role? How do different traditions conceptualize the ethical obligations of legal interpretation? What happens when established norms face modern challenges? By reconstructing the genealogy of legal office across diverse traditions, the contributors recover aspects of juridical identity that have faded from contemporary awareness.Law, Ethics, and the Office of the Jurist will appeal to legal scholars, practitioners, and students, as well as those in adjacent fields concerned with professional ethics, institutional history, and the evolving relationship between law and society in our complex global landscape.

For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.