What Is Real Law

Law as a movement. Footnote 31 Mandic again: « The law as an example of. A moving reality. It contains all the qualities of movement, while resulting and generating movement. Footnote 32 And further: the law of motion. Already vibrates in the heart of each body and pushes it to continue to be one with the world. Erin Manning memorably writes: « There can be no beginning or end of the movement. Movement is one with the world, not the body/world, but the world of the body. We do not move to populate the space, not to enlarge or embody it, but to create it. Footnote 33 And further: We evolve in the legal landscape, not to expand or embody it (we already do), but to generate it. This is not an exercise in controlling the legal landscape. The more we do Lawscape, the more we are crowned by Lawscape.

There is no emancipation of systems theory here: the legal landscape generates us. Make visible the ways in which legality is actively at work in our culture and conscience »Footnote 53 Not only that, but « through everyday histories, perceptions of law and justice are shaped and maintained. » Footnote 54 More critically, Böhme calls this the « intermediate value »Footnote 55, which replaces the original commodity exchange value. The staged value of law comes from the media, both traditional and social. Staging is becoming spectacular: Twitter-based, hypersensitive to social pressure, confusing the myth of universality with that of popular acceptance. The staging of law is supported by technology: it becomes a service product for entrepreneurship and innovation, computerized and binarized, standardized instead of contingent. The staging of law is also pedagogical: it can often simply be a mechanical study with brilliant career prospects, to the detriment of open-mindedness, interdisciplinarity, criticism. POINDING, REAL or Poinding of the Ground, Scottish law. While this is actually a matter of due diligence, it is generally considered by lawyers to be some kind of actual act and so named to distinguish it from personal lawsuits that are simply based on an obligation to pay.

2. Each debitum fundi, whether legal or conventional, shall form the basis of this action. It is therefore responsible for all creditors who have debts that represent a real land charge. Since it presupposes a right in rem, it can be directed against all assets found on the encumbered land, but, 1. Goods brought to the ground by foreigners are not subject to this care. 2. Even a tenant`s property may not require more than the rent of his rental period, Ersk. Pr. L. Scot.

4, 1, 3. Law is as material as it is textual – not only in the sense that the text is (also) matter, but in the sense that the legitimization of law takes place through matter. In particular, as I explain below, the legitimacy of law derives from the way matter moves. Materiality, in which human but also non-human bodies, objects and other elements must be included, is always in motion. Footnote 27 The movement has a list of parameters: direction, speed, temporality, temporality (duration from A to B or from side to side), relationality (i.e. compared to other bodies), mapping (in terms of beginning, end, and intermediate steps), momentum, or inertia (what that motion began first; how it continues after the first push). Footnote 28 Pause is also an aspect of movement: with pause, matter moves to another layer of movement. Imagine death as a pause and how matter is transferred to a different pattern of motion with rot or burn. As Olivia Barr writes, « The word movement is so still on this page.

One of the risks and occasional consequences of noticing movement is that the movement stops moving. Footnote 29 Atmospheres are created within boundaries that make the bodies involved blithely ignorant of what might exist outside, whether spatial (Fortress Europe, closed communities, communities of intense inclusion based on racial or religious characteristics) or temporally (the present is the only time the atmospheres function and yet manage to project them as an eternal future). Atmospheres are enclosures, closed systems, bubbles. And metaphors are often put at the service of atmospheric perpetuation. Take the trial, our dominant legal metaphor, which classifies Spaulding as a dead metaphor, namely a sclerotic and fixed metaphor that maintains the closure of the law and reflects the precincts of the courtroom: « The precinct symbolized not only the independence of law from the political, commercial and social space; It has made it possible to restrict access, limit vandalism, minimize disruption to proceedings and, perhaps most importantly, promote respect for the administration of justice in a democratic society that is constantly concerned with the rule of law and lawyers. Footnote 49 In other words, inclusion is the metaphor that defends the self-legitimization of law by excluding the rest of the world. All these themes can be found in Holmes` famous essay « The Path of the Law » of 1897. Holmes attacks formalist approaches to judicial decision-making, formulating a pragmatic definition of law: « Prophecies of what the courts will actually do, and nothing more presumptuous, are what I mean by law. » [10] If law is a prophecy, Holmes continues, we must reject the view of the « lyricists » who tell us that law « is something different from what is decided by the courts of Massachusetts or England, that it is a system of reason that is or is not a derivative of the principles of ethics or authorized axioms. which may or may not be in accordance with the decisions ».

[10] Let me make one last visualization: imagine walking in a city at dusk. Everything is bathed in a warm orange. This is the moment when the law gives way. There are people waving on the waterfront in the direction of the law slowly sinking behind the mountains, ready to light up another place on the planet. The cold of an anarchic night seizes you. You`ll be struck by panic, especially when you see all those other bodies silently walking away from the waterfront, lost and somewhat threatening. But you persist. You join a group of people and start searching. Your group barely speaks. He just listens to others. The city turns into a gallery of whispered wishes. Voices come from all bodies, animate and inanimate.

Little by little, your group grows. All the fear, lack, hope and desire around you are now absorbed into the group. It is part of a wave. Are you riding the wave or are you riding the wave? It is not important. The wave is indefinite, sprawling, foamy and embracing. It`s the law, you hear people say. That is the law. A new law, but also a very old one.

A law with direction, but without origin. A law that does not need a mirror, only a horizon. Surface signal depth law. You are part of a collective, an assembly, an airline. You are no longer just yourself. You are not just you. You are all the law. And maybe that`s the law you really need.

As a commodity, the law is presented with the aim of becoming attractive, desirable and, ultimately, the right in rem. It is this look in the mirror that you give yourself, this moment of affirmation. Cassandra Sharp puts it well: « Social media stories can. The second reason why it`s impossible to escape the legal landscape is that everything participants do in these iterations is transferred. All groups are invited to post their online activities in special open-access groups or with public hashtags. The more they publish, the better. This is the moment when they truly become the law, the true law, affirming and affirming their legal free will in order to create spaces of freedom in the law. At common law. The corpus of laws relating to real estate. This use of the term is more popular than technical. In civil law.

An Act that relates to specific property, whether movable or immovable. Laws, which are purely real, directly and indirectly regulate property and property rights, without interfering with or modifying the condition of the person. Wharton. Look at the bodies around you: they all look like flagpoles that bend under the weight of the strips of text floating around them. Each band is a statement of legal claim: the right to life and property, non-discrimination, dignity. Each band proudly attracts without discrimination, be it religious, ethnic, gendered, sexual – everything that applies to every body.