Nomos and Thanatos (Part B). Feminism as Jurisgenerative Transformation, or Resistance Through Partial Incorporation?
legal theory, jurisprudence, violence, postpatriarchal juridical regime, feminist theory, feminism
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal theory are not the antithesis of violence but rather its apotheosis.
Richard F. Devlin, "Nomos and Thanatos (Part B). Feminism as Jurisgenerative Transformation, or Resistance Through Partial Incorporation?" (1990) 13:1 Dal LJ 123.