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5 - Infra-law

from Part II - The Stakes for Law: Between Compositional Articulation and the Articulation of Injustice

Published online by Cambridge University Press:  03 March 2022

Isobel Roele
Affiliation:
Queen Mary University of London
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Summary

Chapter five discusses the UN’s articulated security project in relation to the concept of legalization. Legalization, whether pinned to an idea of positive doctrinal law or constitutional law, makes law into a continuum that effaces the distinction between juridical and managerial modes. This chapter reinstalls the distinction using infra-law to explore the phenomena described in Part One in terms of interlegality. In a post-Millennium global context, Foucault’s concept of infra-law mutates and the simple situation of interlegality he described in nineteenth-century French prisons, whereby discipline gathers beneath juridical droit, no longer pertains. The chapter describes infra-law as an entangled form of interlegality, whereby juridical forms also collect beneath managerial frameworks, but says that international lawyers have persisted in seeing managerial forms as waystations or helpmeets to juridicism. Using Freud’s distinction between associations of resemblance and associations of contiguity, the chapter explains the alchemy that leads international lawyers to misrecognize managerial technologies as juridico-political instruments.

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Articulating Security
The United Nations and its Infra-Law
, pp. 123 - 155
Publisher: Cambridge University Press
Print publication year: 2022

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  • Infra-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.005
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  • Infra-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Infra-law
  • Isobel Roele, Queen Mary University of London
  • Book: Articulating Security
  • Online publication: 03 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316856468.005
Available formats
×