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Law and the Ordinary, by Alexandre Lefebvre

In Arts & Letters, Communication, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, News and Current Events, Politics, Rhetoric, Rhetoric & Communication, Writing on April 13, 2011 at 10:32 pm

Allen Mendenhall

One of my favorite journals, Telos, has published an essay that might interest readers of this site.  The essay, by Alexandre Lefebvre, is titled “Law and the Ordinary: Hart, Wittgenstein, Jurisprudence.”  Here is the abstract:

This essay argues that H. L. A. Hart’s concept of jurisprudence in the first chapter of The Concept of Law is strongly influenced by the relationship that Wittgenstein establishes between ordinary and metaphysical language. The article is divided into three sections. The first section shows how jurisprudence emerges as a denial of ordinary language in its pursuit of a definition of law. The second section traces Hart’s use of ordinary language to identify idleness or emptiness in jurisprudence. The third section presents Hart’s conception of his work as therapeutic in its attempt to lead jurisprudence back to the everyday.

Telos is one of the few literary-theoretical journals that regularly challenges the critical and political orthodoxy that pits itself, ironically, as the unorthodox, progressive, or transgressive.

Indeed, Telos seriously considers repressed, unpopular, and unapproved thoughts and theories. It complicates “conservative” and “liberal” as meaningful categories of discourse.

Having published such controversial authors as Paul Gottfried, Clyde Wilson, Alain de Benoist and others who situate themselves on the right-wing of the political spectrum, Telos is committed to contemplation and speculation, to profound and difficult ideas and not fashionable or typical recitations of mainstream opinions.

The journal has a long history of interrogating and revising critical theory and critiquing culture and society, and it continues to publish notable scholarship in traditions both left and right, although the signifiers left and right are not useful starting points from which to analyze anything that appears in this journal.

Paul Piconne was the founder and long-term editor of Telos.  Piconne died in 2004.  Today the editor is Russell A. Berman.  The only publication as daring and interesting as Telos is Counterpunch, a political newsletter and not an academic journal.  I urge readers of this site to read both Telos and Counterpunch as often and as closely as possible.

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