Associate Professor Melbourne Law School University of Melbourne Address: Melbourne Law School, University of Melbourne, Melbourne, Victoria 3010, Australia
THE PERSONA OF THE JURIST IN SALMOND'S JURISPRUDENCE: ON THE EXPOSITION OF 'WHAT LAW IS …' , 2007
If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, b... more If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two questions arise: "What might have been inherited from Salmond's jurisprudence?" And, "How might that inheritance be received today?" This article offers a response to these questions by considering Salmond's jurisprudence in terms of a conduct of life organised around the office and persona of the jurist.
The annotations presented in this chapter present a commentary on a number projects that globaliz... more The annotations presented in this chapter present a commentary on a number projects that globalize, or at least carry around, legal thought. Starting with Duncan Kennedy's characterisation of contemporary legal thought and the critical jurist, it describes some ways in which the cultivation of the persona of the jurist and jurisprudent has been undertaken in projects that address Australia as if it were a part of a lawful south. The challenge raised by the editors of this book and by the work of Duncan Kennedy is to encapsulate something about the contemporariness of contemporary legal thought that is not simply what people – jurists, scholars and the critical intelligentsia-are doing at the moment. Contributors, it was suggested, might want to look for 'signs of the transcendence' of the chaos or at least the lack of form of contemporary legal. What is annotated in this chapter are some of the globalizations or transmissions of the training in conduct of the personae of the critical jurist as they search for patterns of law and lawful relations (or ways of living with law). 2 These annotations are reported from Australia. Over the last fifteen years Duncan Kennedy has presented a restatement of his analysis of legal thought and the work of the critical legal scholar. In offering accounts of the globalizations of legal thought, Kennedy has presented his work as an analysis of contemporary legal thought, a resource for the critical intelligentsias of the 1 Associate Professor, Melbourne Law School University of Melbourne. I would like to thank Justin Desautels-Stein, Ann Genovese, Chris Tomlins for their comments. The work on office draws on long 2 The term jurist is given a very wide meaning here. It accommodates the jurist as legal scientist, legal advisor and someone who cares for the conduct of lawful relations (or ways of belonging to law).
This essay considers the persona of the minor jurisprudent through the eyes of jurisprudence and ... more This essay considers the persona of the minor jurisprudent through the eyes of jurisprudence and wonders what might happen when the jurisprudent leaves an ‘out of office’ notice on their office door or email. It reports on some elements of jurisprudence as an unofficial training in the conduct of office, considers how a jurisographer might address the writings of jurisprudents, attends to some sites of law and reflects on the ways such attendance is considered a matter of the conduct of lawful relations. Its motivating conceit follows the rarely tested understanding that London bears or carries a jurisprudence.
This essay presents part of a study of the office and persona of the jurisprudent, and in particu... more This essay presents part of a study of the office and persona of the jurisprudent, and in particular, the jurisprudent of London (if such an office exists and if it is not in abeyance). Writing in the somewhat neglected traditions of office and training in the conducts of life, draws attention to the dignities, obligations, privileges and rights that are taken up by a jurisprudent when they enter into institutional and public life
This collection of essays for Law Text Culture is a collaboration and meditation on methods and g... more This collection of essays for Law Text Culture is a collaboration and meditation on methods and genres of life writing, and how they might be adequate to the task of taking responsibility for legal thought and lawful relations as lived in Australia today. In many ways, these essays, and what they represent together, could be described as Legal Biographies. For a very long time, Legal Biographies have been written to animate the study of the common law and its institutions through lives of jurists and judges.
The question we ask in this essay is quite direct: did the Tasmanian Dams case change the conduct... more The question we ask in this essay is quite direct: did the Tasmanian Dams case change the conduct of jurisprudence in Australia? To reflect on that question, we stand to the side of the review of the events of 1983 as constitutional decision, and present the jurisprudence of Dams and 1983 in terms of the incidents of legal thinking in the conduct of the office of the jurisprudent. Writing as jurisographers, we reflect historically on the conduct of office of the jurist and jurisprudent, and the writing of jurisprudence. Our account here provides a brief chronicle and record of the patchwork of law projects and engagements that pattern the events of Dams into the scholarly work of jurists in Australian universities. On the 30 th Anniversary of the High Court's decision in Commonwealth v Tasmania ('Dams') 1 , we were part of a meeting of jurists and jurisprudents at Melbourne Law School who gathered together to consider the significance of the case to Australian legal life. Our contribution to that gathering, and the question we ask now in this essay, is quite direct: did the Dams case change the conduct of jurisprudence in Australia? To reflect on that question, we stand to the side of the review of the events of 1983 as *
In the foreword to “‘Law As . . .’ Glossolalia,” Chris Tomlins frames the central topic of the sy... more In the foreword to “‘Law As . . .’ Glossolalia,” Chris Tomlins frames the central topic of the symposium in terms of jurisprudence and the practice of history writing. History writing, he argues, enables scholars to rearticulate different aspects of the ideas, practices, and institutions of law. Considering glossolalia speaking in tongues and the expression of divine spirit—suggests Tomlins, might allow us to say something about contemporary forms of jurisprudence and history writing or, at least about those genres that remain in touch with the common law tradition.This Afterword follows up the projects presented in the “Law As . . .” symposium as if they articulate a series of jurisprudences that offer a training in the conduct of office or persona of the (minor) jurisprudent.
From within the common law tradition, this Article addresses two related aspects of the engagemen... more From within the common law tradition, this Article addresses two related aspects of the engagement of laws: one relating to the conduct and quality of the meeting of laws, and the other relating to the ways in which responsibility for the conduct of law is expressed by jurisprudents. The conduct of lawful relations, or ways of belonging to law, addressed in this Article are those made available in the work of repatriation and the repatriation of the Indigenous dead from the museums and universities of Europe and North America to Aboriginal (Indigenous) peoples and nations in Australia
Postmodernism is a term born of disputes or polemics between the 'moderns' and the 'postmoderns'.... more Postmodernism is a term born of disputes or polemics between the 'moderns' and the 'postmoderns'. These disputes passed through the humanities and public discourse between the nineteen sixties and the late nineteen nineties. At its peak the dispute emerged as a distinct 'culture war'. For some postmodernism offered a way of revitalising and moving beyond the modern; for critics, it has been little more than a late flourish of romanticism and irrationalism. Like an earlier series of disputes waged in France and England between the 'ancients' and 'moderns' at the end of the seventeenth and beginning of the eighteenth century, the debates between the moderns and postmoderns concerned the character of our civilization and the conduct of our civility compared with those our past and of our neighbours. The range of the debates between the 'ancients' and 'moderns' is, somewhat surprisingly, comparable to those of our near present. On one reading battle lines were drawn between classical scholarship and modern science, between a past dominated by abstract contemplation and scholastic argument, and a
[It is now twenty years since the High Court of Australia designated 'native title' as the site o... more [It is now twenty years since the High Court of Australia designated 'native title' as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the first question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and official forms of responsibility for lawful relations.] CONTENTS
771 The Persona of the Jurist in S almond's Jurisprudence: On the Exposition of &#x2... more 771 The Persona of the Jurist in S almond's Jurisprudence: On the Exposition of 'What law is ...' Shaunnagh Dorsett andShaun McVeigh * If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two ...
This essay examines a number of jurisdictional engagements that point to difficulties in joining ... more This essay examines a number of jurisdictional engagements that point to difficulties in joining or separating relations between public authority, jurispru- dences of jurisdiction and the writing of jurisprudence.
This book takes its cue from the observation that jurisdiction - as the speech of law - articulat... more This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).
This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.
This essay provides a gloss on the relationship between the common law and the ‘law of the land’.... more This essay provides a gloss on the relationship between the common law and the ‘law of the land’. It does so by turning attention to the technologies and identifications that continue to give Australian jurisdiction its place. These relations repeat the long pattern of the common law ordering of colonisation. They also provide the governmental conditions of legal responsibility for settlement.
This issue of the Griffith Law Review has collected a number of essays developed from the symposi... more This issue of the Griffith Law Review has collected a number of essays developed from the symposium 'Of the South', which was hosted by the Socio-Legal Research Centre at Griffith University in July 2006. The central issue of the symposium was simple: how is it possible to actualise ...
THE PERSONA OF THE JURIST IN SALMOND'S JURISPRUDENCE: ON THE EXPOSITION OF 'WHAT LAW IS …' , 2007
If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, b... more If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two questions arise: "What might have been inherited from Salmond's jurisprudence?" And, "How might that inheritance be received today?" This article offers a response to these questions by considering Salmond's jurisprudence in terms of a conduct of life organised around the office and persona of the jurist.
The annotations presented in this chapter present a commentary on a number projects that globaliz... more The annotations presented in this chapter present a commentary on a number projects that globalize, or at least carry around, legal thought. Starting with Duncan Kennedy's characterisation of contemporary legal thought and the critical jurist, it describes some ways in which the cultivation of the persona of the jurist and jurisprudent has been undertaken in projects that address Australia as if it were a part of a lawful south. The challenge raised by the editors of this book and by the work of Duncan Kennedy is to encapsulate something about the contemporariness of contemporary legal thought that is not simply what people – jurists, scholars and the critical intelligentsia-are doing at the moment. Contributors, it was suggested, might want to look for 'signs of the transcendence' of the chaos or at least the lack of form of contemporary legal. What is annotated in this chapter are some of the globalizations or transmissions of the training in conduct of the personae of the critical jurist as they search for patterns of law and lawful relations (or ways of living with law). 2 These annotations are reported from Australia. Over the last fifteen years Duncan Kennedy has presented a restatement of his analysis of legal thought and the work of the critical legal scholar. In offering accounts of the globalizations of legal thought, Kennedy has presented his work as an analysis of contemporary legal thought, a resource for the critical intelligentsias of the 1 Associate Professor, Melbourne Law School University of Melbourne. I would like to thank Justin Desautels-Stein, Ann Genovese, Chris Tomlins for their comments. The work on office draws on long 2 The term jurist is given a very wide meaning here. It accommodates the jurist as legal scientist, legal advisor and someone who cares for the conduct of lawful relations (or ways of belonging to law).
This essay considers the persona of the minor jurisprudent through the eyes of jurisprudence and ... more This essay considers the persona of the minor jurisprudent through the eyes of jurisprudence and wonders what might happen when the jurisprudent leaves an ‘out of office’ notice on their office door or email. It reports on some elements of jurisprudence as an unofficial training in the conduct of office, considers how a jurisographer might address the writings of jurisprudents, attends to some sites of law and reflects on the ways such attendance is considered a matter of the conduct of lawful relations. Its motivating conceit follows the rarely tested understanding that London bears or carries a jurisprudence.
This essay presents part of a study of the office and persona of the jurisprudent, and in particu... more This essay presents part of a study of the office and persona of the jurisprudent, and in particular, the jurisprudent of London (if such an office exists and if it is not in abeyance). Writing in the somewhat neglected traditions of office and training in the conducts of life, draws attention to the dignities, obligations, privileges and rights that are taken up by a jurisprudent when they enter into institutional and public life
This collection of essays for Law Text Culture is a collaboration and meditation on methods and g... more This collection of essays for Law Text Culture is a collaboration and meditation on methods and genres of life writing, and how they might be adequate to the task of taking responsibility for legal thought and lawful relations as lived in Australia today. In many ways, these essays, and what they represent together, could be described as Legal Biographies. For a very long time, Legal Biographies have been written to animate the study of the common law and its institutions through lives of jurists and judges.
The question we ask in this essay is quite direct: did the Tasmanian Dams case change the conduct... more The question we ask in this essay is quite direct: did the Tasmanian Dams case change the conduct of jurisprudence in Australia? To reflect on that question, we stand to the side of the review of the events of 1983 as constitutional decision, and present the jurisprudence of Dams and 1983 in terms of the incidents of legal thinking in the conduct of the office of the jurisprudent. Writing as jurisographers, we reflect historically on the conduct of office of the jurist and jurisprudent, and the writing of jurisprudence. Our account here provides a brief chronicle and record of the patchwork of law projects and engagements that pattern the events of Dams into the scholarly work of jurists in Australian universities. On the 30 th Anniversary of the High Court's decision in Commonwealth v Tasmania ('Dams') 1 , we were part of a meeting of jurists and jurisprudents at Melbourne Law School who gathered together to consider the significance of the case to Australian legal life. Our contribution to that gathering, and the question we ask now in this essay, is quite direct: did the Dams case change the conduct of jurisprudence in Australia? To reflect on that question, we stand to the side of the review of the events of 1983 as *
In the foreword to “‘Law As . . .’ Glossolalia,” Chris Tomlins frames the central topic of the sy... more In the foreword to “‘Law As . . .’ Glossolalia,” Chris Tomlins frames the central topic of the symposium in terms of jurisprudence and the practice of history writing. History writing, he argues, enables scholars to rearticulate different aspects of the ideas, practices, and institutions of law. Considering glossolalia speaking in tongues and the expression of divine spirit—suggests Tomlins, might allow us to say something about contemporary forms of jurisprudence and history writing or, at least about those genres that remain in touch with the common law tradition.This Afterword follows up the projects presented in the “Law As . . .” symposium as if they articulate a series of jurisprudences that offer a training in the conduct of office or persona of the (minor) jurisprudent.
From within the common law tradition, this Article addresses two related aspects of the engagemen... more From within the common law tradition, this Article addresses two related aspects of the engagement of laws: one relating to the conduct and quality of the meeting of laws, and the other relating to the ways in which responsibility for the conduct of law is expressed by jurisprudents. The conduct of lawful relations, or ways of belonging to law, addressed in this Article are those made available in the work of repatriation and the repatriation of the Indigenous dead from the museums and universities of Europe and North America to Aboriginal (Indigenous) peoples and nations in Australia
Postmodernism is a term born of disputes or polemics between the 'moderns' and the 'postmoderns'.... more Postmodernism is a term born of disputes or polemics between the 'moderns' and the 'postmoderns'. These disputes passed through the humanities and public discourse between the nineteen sixties and the late nineteen nineties. At its peak the dispute emerged as a distinct 'culture war'. For some postmodernism offered a way of revitalising and moving beyond the modern; for critics, it has been little more than a late flourish of romanticism and irrationalism. Like an earlier series of disputes waged in France and England between the 'ancients' and 'moderns' at the end of the seventeenth and beginning of the eighteenth century, the debates between the moderns and postmoderns concerned the character of our civilization and the conduct of our civility compared with those our past and of our neighbours. The range of the debates between the 'ancients' and 'moderns' is, somewhat surprisingly, comparable to those of our near present. On one reading battle lines were drawn between classical scholarship and modern science, between a past dominated by abstract contemplation and scholastic argument, and a
[It is now twenty years since the High Court of Australia designated 'native title' as the site o... more [It is now twenty years since the High Court of Australia designated 'native title' as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the first question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and official forms of responsibility for lawful relations.] CONTENTS
771 The Persona of the Jurist in S almond's Jurisprudence: On the Exposition of &#x2... more 771 The Persona of the Jurist in S almond's Jurisprudence: On the Exposition of 'What law is ...' Shaunnagh Dorsett andShaun McVeigh * If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two ...
This essay examines a number of jurisdictional engagements that point to difficulties in joining ... more This essay examines a number of jurisdictional engagements that point to difficulties in joining or separating relations between public authority, jurispru- dences of jurisdiction and the writing of jurisprudence.
This book takes its cue from the observation that jurisdiction - as the speech of law - articulat... more This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).
This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.
This essay provides a gloss on the relationship between the common law and the ‘law of the land’.... more This essay provides a gloss on the relationship between the common law and the ‘law of the land’. It does so by turning attention to the technologies and identifications that continue to give Australian jurisdiction its place. These relations repeat the long pattern of the common law ordering of colonisation. They also provide the governmental conditions of legal responsibility for settlement.
This issue of the Griffith Law Review has collected a number of essays developed from the symposi... more This issue of the Griffith Law Review has collected a number of essays developed from the symposium 'Of the South', which was hosted by the Socio-Legal Research Centre at Griffith University in July 2006. The central issue of the symposium was simple: how is it possible to actualise ...
Like the common law legal ordering of England and Wales, the ordering of British colonisation has... more Like the common law legal ordering of England and Wales, the ordering of British colonisation has, in many ways, been an affair of jurisdiction. It is through jurisdiction that the authority of the common and imperial laws have been asserted, and it is through questions of jurisdiction ...
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This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.
This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.