What potential can be found in the work of Deleuze and Guattari for critical legal scholarship? The authors argue that their work can be deployed to re-think ‘critique’ by directly addressing the place and role of the ‘critic’. It is argued that the continued commitment to a stance of ‘resistance’ in CLS is underpinned by never-ending dualisms which, if not confronted and replaced, can only make CLS ever more redundant. The authors ask: ‘what is critique beyond the dualism of power (...) and resistance, of state and nomad?’ This question arises from a belief that critique is still capable of being effective, but only if there is the courage to experiment, and to think creatively. In this sense, the ‘exhaustion’ of critique is framed as an opportunity to re-think and re-engage with the politics of law. The paper diagrams, through image and film, a critical thought: the potential of the artisan. Film is utilised not as representation, nor as illustration, but as a thinking mind in its own right, through which questions relating to the state, political action, and creative thinking can be framed. Such a re-framing is essential, it is argued, for an engagement with the emergence of societies of control. (shrink)

One recent debate in philosophy of physics has centered whether quantum particles are individuals or not. The received view is that particles are not individuals and the standard methodology is to approach the question via the structure of quantum theory. I challenge both the received view and the standard methodology. I contend not only that the structure of quantum theory is not the right place to look for conditions of individuality that quantum particles may or may not satisfy, but also (...) that there is an important role for traditional metaphysics to play. Consequently, my work brings together the philosophy of physics and traditional metaphysics literatures to shed new light on the debate over the individuality of quantum particles. I defend a set of conditions of individuality and argue that quantum particles satisfy these conditions thereby defending the view that particles are individuals in opposition to the received view. I also challenge a second feature of the standard methodology insofar as I challenge the significance of the Principle of the Identity of Indiscernibles in terms of which much discussion in the philosophy of physics literature is framed. My work is significant in a number of additional ways as well. My work implies that the dominant explanation for quantum statistics in terms of non-individuality is incorrect and it also undermines the ontic-structural realists metaphysical underdetermination challenge to the scientific realist. (shrink)

Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects; as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and so on. This paper (...) argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised form, to envisage these developments and to provide the foundation for an understanding of the importance of the development of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through ‘control’. (shrink)

This paper is broadly concerned with Deleuze’s distinction between ‚la loi et les lois’ on the one hand, and jurisprudence on the other. Jurisprudence is the␣creative action of legal practice, the process by which it is forced to think constructively and anew. In such circumstances legal thought is akin to Deleuze’s concept of the event. I explore the distinction between law and jurisprudence by way of Deleuze’s comments on control societies, arguing that, under control, law ceases to be a juridical (...) hierarchy conforming to disciplinary modes to become a regulatory practice of interminable modulation. In order to begin to explore the relations and connections between law/jurisprudence and control, the paper will look to the semiotics of C.S. Peirce (who influenced Deleuze’s work on cinema). In particular it will argue that control operates predominantly through icons. As a consequence I argue that the proper ground of the sign, the event, is co-opted and, following from this, that control functions through the confusing of sense and meaning. (shrink)

In this paper I defend the thirder solution to the sleeping beauty problem by considering the credence Beauty ought to have, upon first awakening, that it is Monday. This leads to problems for the double-halfer and halfer but not for the thirder. In the three cases the credences Beauty ought to have, upon first awakening, that it is Monday are 1, 3/4, and 2/3, respectively. The first value is implausible given that Tuesday awakenings are possible. The second is implausible because (...) Beauty's credence in the day of the week is linked to her credence in the result of the coin toss such that evidence to favor Monday over Tuesday is evidence that should affect her credence in the result of the coin toss. This is contrary to the halfers' claim that, upon first awakening, Beauty has no such evidence. However, the credence of 2/3 assigned by the thirder can be independently defended in a way that mirrors the thirders defense of assigning a credence of 1/3 to Heads. Moreover, recognizing the probabilistic connection between Beauty's credences in the days of the week and the results of the coin toss indicates the nature of Beauty's inadmissible information. Beauty's loss of information regarding the day is relevant to the credence she should assign to Heads. (shrink)