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eBook details

• Title: Juris-Fiction: Literature and the Law of the Law (Law, Literature, Postcoloniality)
• Author : Ariel
• Release Date : January 01, 2004
• Genre: Language Arts & Disciplines,Books,Professional & Technical,Education,
• Pages : * pages
• Size : 195 KB

Description

Lauding editors on these occasions is rightly suspect, but here it is simply unavoidable. Gary Boire's pathbreaking, of course, conspectus and analysis of colonial law and postcolonial literature provides not only a point of departure for my paper but also its generative orientation--a continuing on the path already broken. Briefly, for now, Boire draws on representations of law in postcolonial literatures to reveal a disruptive ambivalence in colonial law. Bluntly, for now, I will try to show how that ambivalence also constitutes law, and not just colonial law, and try to show how this constitution of law can be derived from a quality of literature, and not just postcolonial literatures. All of which will not involve minimizing or marginalizing the postcolonial in its relation to law or to literature. On the contrary, the postcolonial will provide the focal opening to these perceptions of law and of literature more generally conceived. And, as it will transpire, the postcolonial does this with an apt irony, an irony that can be summarily derived from Hardt and Negri's criticism of postcolonial positions. They perceive, with some accuracy, that the postcolonial is derived from colonialism. For them that derivation containedly limits the utility of the postcolonial to "rereading history" (146). Not for the first time, Hardt and Negri fail to see the point of what they are criticizing. The very force of the postcolonial comes from its integral yet resistant relation to the colonial, and from its thence revealing what is constituently of, and yet denied by, that selfsame colonial condition. This is not the revelation of some marginal matter but, rather, the disclosure of the very structuring (if the word may still be allowed) of the colonial. It is this efficacy of the resistant within imported by the postcolonial that is brought to bear now on the constitution of law generically.

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