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Diverse Narratives of Legal Objectivity

An Interdisciplinary Perspective

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Edited By Vito Breda and Lidia Rodak

This volume presents a collection of essays on objectivity in legal discourse. Has law a distinctive type of objectivity? Is there one specific type of legal objectivity or many, depending on the observatory language utilized? Is objectivity fit for law? The analyses in the various contributions show that the Cartesian paradigm of objectivity is not relevant to the current legal discourse, and new forms of legal objectivity are revealed instead. Each essay, in its distinctive way, analyses the strong commitment of law to objectivity, shedding light on the controversies that surround it.
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Cosmin Cercel - 8. The Purloined Letter: Law, History and the Theory of Totalitarianism

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Cosmin Cercel

University of Nottingham School of Law, UK

8. The Purloined Letter: Law, History and the Theory of Totalitarianism

“[T]o conceal his letter, the Minister has resorted to the comprehensive and sagacious expedient of not attempting to conceal it at all”1

Abstract: This chapter aims to further problematize the question of objectivity within legal and historical discourse by exploring the theoretical intricacies raised by the historiography of totalitarianism. It tries to do so by focusing on the ambiguous status of law within authoritarian settings, one marked by a thorough complicity between ideology and ‘legal’ normativity. Along these lines, this chapter addresses three core questions, namely the structuring role of the theory of totalitarianism in historical and memorial discourses over the law in authoritarian contexts, the historiographical and jurisprudential implications of approaching the past through this framework as well as the construction of meaning through a historical recollection marked by the paradox of evil law. By underlining the pivotal role of the theory of totalitarianism in the politics of representing the past, I attempt through a genealogical reading informed by the work of Giorgio Agamben and Lacanian psychoanalysis to explore the potentialities of a different rendering of totalitarian law as part of legal modernity. In this way I intend to critically examine the limits of representation of law and totalitarianism in both historiographical and jurisprudential setting.

Keywords: law, memory, psychoanalysis, state of exception, totalitarianism

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