Legal Performance: Translating into Law and Subjectivity in Law
In: Tilburg Law ReviewSearch for other papers by Mgr. Bc. Terezie Smejkalová in
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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.
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| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 498 | 121 | 9 |
| Full Text Views | 160 | 6 | 3 |
| PDF Views & Downloads | 21 | 7 | 2 |
Legal Performance: Translating into Law and Subjectivity in Law
In: Tilburg Law ReviewSearch for other papers by Mgr. Bc. Terezie Smejkalová in
Current site
Google Scholar
PubMed
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.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 498 | 121 | 9 |
| Full Text Views | 160 | 6 | 3 |
| PDF Views & Downloads | 21 | 7 | 2 |