Our Legal Borders: Interrelated Constructions of Individual and Political Bodies

Law and Critique 34 (2):207-226 (2022)
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Abstract

In liberal democracies that were British colonies, law constructs the linkages and distinctions between individual and political bodies. Legality re-iterates the form of an ancient construct called the King’s Two Bodies. The legal construction of these bodies ensures that their borders are continuously and perpetually contested and transgressed, and different modalities of power have arisen to take advantage of them. Additionally, in times of mass insecurity or crisis, we might believe that we need to fix our (personal or political) borders and construct them in more solid ways. However, because other modalities of power take advantage of these borders, even if legal reconstruction can momentarily assuage concerns, it is argued here that legal processes construct borders around individual and political bodies to ensure the (re)production of those contests and crises.

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