Common law is predicated historically upon a sense of the common, of custom and use time out of mind. The legal tradition has its roots in a guild, an elite community whose common opinion and conversations provided the substance and sensibility of the normative. Remediation of law, meaning here the changing media of legal transmission, the imaginal turn in the streamed and viral relays of law and its enforcement, confront a monochrome and linear textual tradition, the regimentations of the page, with the fragmentary and anarchic optics of online platforms and social media bytes and nibbles. Increased online visibility, this essay argues, forces the guild to face up to an expanded commons, the diversity of colors, the heuristics of the eye, and the nuances of viewing.
On Our Last Leges
peter goodrich is a professor of law at Cardozo School of Law, New York, and a visiting professor in the School of Social Science, nyu Abu Dhabi. Recent work includes An Advanced Introduction to Law and Literature (Edward Elgar, 2021) and Judicial Uses of Images: Vision in Decision (Oxford University Press, 2023).
Peter Goodrich; On Our Last Leges. differences 1 December 2023; 34 (3): 175–200. doi: https://doi.org/10.1215/10407391-10898283
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