‘Against Interpretation’? On Global (Non-)Law, the Breaking-Up of Homo Juridicus, and the Disappearance of the Jurist

2015 8(2) Journal of Civil Law Studies 443–91

Deakin Law School Research Paper No. 16-10

52 Pages Posted: 27 Aug 2015 Last revised: 21 Mar 2016

Date Written: December 30, 2015

Abstract

This paper investigates the nullification of homo juridicus and vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, it will be contended that the re-discovery of the anthropological and onto-sociopolitical function of the jurist depends upon the re-affirmation of: (1) the will’s oscillation between velle and nolle as constitutive of human uniqueness; (2) the need to interpret homo juridicus’s will power normativistically, and what this power leads to.

Keywords: Global order, global/post-national governance, will power, jus dicere, legal interpretation

Suggested Citation

Siliquini-Cinelli, Luca, ‘Against Interpretation’? On Global (Non-)Law, the Breaking-Up of Homo Juridicus, and the Disappearance of the Jurist (December 30, 2015). 2015 8(2) Journal of Civil Law Studies 443–91, Deakin Law School Research Paper No. 16-10, Available at SSRN: https://ssrn.com/abstract=2650795

Luca Siliquini-Cinelli (Contact Author)

School of Law - University of Dundee ( email )

Dundee, Scotland DD1 4HN
United Kingdom

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