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Law’s entities: complexity, plasticity and justice

Grear, Anna 2013. Law’s entities: complexity, plasticity and justice. Jurisprudence 4 (1) , pp. 76-101. 10.5235/20403313.4.1.76

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Abstract

This article locates a theoretical reflection on the form of legal subjectivity against twenty-first century complexities and pressures, including the structural complexities visible in biotechnological developments, new hybridities and numerous contemporary theoretical and practical manifestations of heterogeneity, multiplicity and complexity emerging in a range of disciplines, including cybernetics, techno-theory, post-humanism and ecology. The author defends the theoretical and critical utility of understanding the legal subject as an explicit (and explicitly limited) constructus. Criticising the constructed naturalism (and the historical and contemporary exclusions) of the 'human being' of law, the author suggests that the language and concept of the 'legal entity' (rather than that of the 'legal person') draws attention to the patterned 'gap' between law and life (and to related injustices enacted by the form of the materialisation of legal subjectivity) while simultaneously providing the degree of theoretical plasticity now required by the mutable complexities of the twenty-first century and beyond.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Legal subjectivity; complexity; multiplicity; plasticity
Publisher: Hart Publishing
ISSN: 2040-3313
Last Modified: 04 Jun 2017 05:11
URI: http://orca-mwe.cf.ac.uk/id/eprint/49427

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