By Rosi Braidotti, Claire Colebrook, Patrick Hanafin
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Extra resources for Deleuze and Law: Forensic Futures
1) To start, observe how the opponent is styled along the lines of Bergson’s mechanist. The contemporary reference is to Christopher Langdell, Dean of Law at Harvard, who looked on law and adjudication as an exercise in logical consistency, extracting general principles from Alexandre Lefebvre 35 particular cases and applying these without reference to ‘anything outside of [logic]’ (Holmes, 1941, p. 17). What does Langdell’s view repress according to this account? Desire and interest in time. Let us look closely at the passage.
Greenblatt (2000) Practicing New Historicism (Chicago: University of Chicago Press). D. Ivison, P. Patton and W. Sanders (eds) (2000) Political Theory and the Rights of Indigenous Peoples (Cambridge: Cambridge University Press). I. Kant (1996) Practical Philosophy, in M. J. ) (Cambridge: Cambridge University Press). —— (1998) Critique of Pure Reason, P. Guyer and A. Wood (trans. and eds) (Cambridge: Cambridge University Press). —— (2000) Critique of the Power Of Judgment, P. Guyer and E. ) (Cambridge: Cambridge University Press).
If I have concentrated intensely on the opening few pages of Common Law, it is because there Holmes provides a perspective on what can only be called an ontology of law: the being of the law as tendency, that is, as difference in time. From the internal difference of law and its substratum of temporal desires, we can deduce the second concept of our analysis: differentiation in law. Over and over Holmes uses evolutionary and vitalistic tropes to characterise the development, or growth, of law. Recall that in Bergson, life differentiates itself according to problems that are encountered (various species are understood as so many equally elegant solutions to the problems of life).