Start Submission Become a Reviewer

Reading: Legal Performance: Translating into Law and Subjectivity in Law

Download

A- A+
Alt. Display

Research Articles

Legal Performance: Translating into Law and Subjectivity in Law

Author:

Terezie Smejkalová

Assistant Professor, Department of Legal Theory, Faculty of Law, Masaryk University
About Terezie
Mgr. Bc. Ph.D.
X close

Abstract

Legal language seems to maintain a level of incomprehensibility that creates a barrier, beyond which something is happening: a dispute is resolved, a matter of guilt is ascertained, or a life is taken. This paper tackles a trial (in the sense of any type of legal proceeding before a judge) as a performance of justice; one that, not unlike a magical ritual or ritual theater, happens beyond a certain kind of barrier and is fully accessible only to those duly consecrated. It will be argued that legal language may be understood as such a barrier and the role and status of those who do not master it (i.e. understand law and its concepts) are comparable to those of an audience in a performance. Consequently, this paper will show how understanding the role of this barrier in a performance may help us explore the accessibility of law to the layperson and her subjectivity (in the psychoanalytical sense) within law.
How to Cite: Smejkalová T, ‘Legal Performance: Translating into Law and Subjectivity in Law’ (2017) 22 Tilburg Law Review 62 DOI: http://doi.org/10.1163/22112596-02201004
5
Views
2
Downloads
Published on 05 Oct 2017.
Peer Reviewed

Downloads

  • PDF (EN)

    comments powered by Disqus