Deluzian Jurisprudence and Law in Societies of Control

Date of Award

2008

Document Type

Thesis

Degree Name

Bachelors

Department

Humanities

First Advisor

Flakne, April

Keywords

Deluze, Gilles, Foucault, Michael, Agamben, Giorgio, Law, Biopolitics

Area of Concentration

Philosophy

Abstract

This thesis develops the following hypothesis: current conflicts of power demand of philosophy a functional analytics of law as combat that can adequately describe the juridical strategies through which some bodies can structure other bodies� capacities to act and be acted upon with the objective of en-forcing a specific order of things. Deleuzian juris-prudence is a response-ability produced in relation to this demand. As a theoretical practice, this prudence for the law is a tactical reconfiguration of Gilles Deleuze�s transcendental empiricism. This thesis achieves this reconfiguration by performing a series of theoretical appropriations of the concepts enabling Deleuze�s materialist ontology of force in order to produce a framework wherein a practical series of analyses of law in its en-force-ability can take place. As a practical theory, this prudence for the law is proposed as a continuous production of tools for diagramming juridical strategies in their capacity to effectively render resistance to a given will to power impossible. This thesis takes a step in this direction by designing four axes along which to qualitatively measure the effectuation of juridical strategies through bodies� capacities to affect and be affected. This latter task is enabled in different ways by Deleuze�s materialism, Michael Foucault�s analytics of power, Jacques Ranci�re�s politics of aesthetics, Giorgio Agamben�s politico-theological critique of sovereignty, and Derrida�s deconstruction of the relation between law and justice. Elaborating on the concept of law as combat, this thesis concludes with a sketch of law as the site for a practice of resistance that is to find its natality in a becoming-audible with law�s excluded Other.

Rights

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