Book contents
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
8 - Law: A Map of Misreading
Published online by Cambridge University Press: 08 October 2020
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
Summary
In Chapter Eight I continue my theoretical endeavors, this time drawing on a conception of law as a map and offering an analysis of law from the point of view of cartography and its procedures (scale, projection, and symbolization). I concentrate on forms of law, using them as revolving doors through which different forms of power and knowledge circulate. The type of close-up view I am calling for can only be obtained in the context of concrete struggles as they unfold, mobilizing, inventing, confronting, appropriating or rejecting different forms of legality and illegality. The purpose of my analysis is to show that, since the struggles on regulation/emancipation are never fought in general but rather in specific social sites, involving specific issues and social groups, and drawing on specific instrumental and expressive resources, it is of crucial importance and strategic value to understand the limits and the possibilities of the different contexts of struggle, in this particular case, social struggle centered around law, legality and illegality.
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- Toward a New Legal Common SenseLaw, Globalization, and Emancipation, pp. 496 - 521Publisher: Cambridge University PressPrint publication year: 2020