SMEJKALOVÁ, Terezie. Legal Performance: Translating into Law and Subjectivity in Law. Tilburg Law Review. 2017, vol. 22, 1-2, p. 62-76. ISSN 2211-0046. Available from: https://dx.doi.org/10.1163/22112596-02201004.
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Basic information
Original name Legal Performance: Translating into Law and Subjectivity in Law
Authors SMEJKALOVÁ, Terezie (203 Czech Republic, guarantor, belonging to the institution).
Edition Tilburg Law Review, 2017, 2211-0046.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher Netherlands
Confidentiality degree is not subject to a state or trade secret
WWW Repozitář MU
RIV identification code RIV/00216224:14220/17:00098014
Organization unit Faculty of Law
Doi http://dx.doi.org/10.1163/22112596-02201004
UT WoS 000413032000004
Keywords in English legal language; legal performance; translation into law; Lacan; subjectivity; legal ritual
Tags legal language, právní komunikace, rivok, srozumitelnost práva
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 14/7/2020 11:21.
Abstract
Legal language seems to maintain a level of incomprehensibility that creates a barrier, beyond which something is happening: a dispute is resolved, a matter of guilt is ascertained, or a life is taken. This paper tackles a trial (in the sense of any type of legal proceeding before a judge) as a performance of justice; one that, not unlike a magical ritual or ritual theater, happens beyond a certain kind of barrier and is fully accessible only to those duly consecrated. It will be argued that legal language may be understood as such a barrier and the role and status of those who do not master it (i.e. understand law and its concepts) are comparable to those of an audience in a performance. Consequently, this paper will show how understanding the role of this barrier in a performance may help us explore the accessibility of law to the layperson and her subjectivity (in the psychoanalytical sense) within law.
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