The Dredd-Ful Day of Judgement: Judicial Models and the Twilight of the West

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (5):2107-2142 (2021)
  Copy   BIBTEX

Abstract

I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,202

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Anderson v Dredd [2137] Mega-City LR 1.Thomas Giddens - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (3):389-405.
Studying judgement: General issues.Nigel Harvey - 2001 - Thinking and Reasoning 7 (1):103 – 118.
Oordelen op tegenspraak: Over de rationaliteit van het rechterlijk oordeel.M. Loth - 2005 - Netherlands Journal of Legal Philosophy 1:57-80.
Judicial recruitment, training, and careers.Peter H. Russell - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
The Judicial Judgement As Performative Utterance.Vincent Luizzi - 1980 - Southwest Philosophical Studies 5.
The twilight of yesterday morning twilight.P. Echeverri - 2008 - Franciscanum 50 (149):43-62.
Kant: The audacity of judgement.Rocque Reynolds - 1999 - Res Publica 5 (1):67-82.
Questioning Judicial Deliberations.Jan Komárek - 2009 - Oxford Journal of Legal Studies 29 (4):805-826.
Judicial Conduct and Accountability.T. David Marshall - 1995 - Scarborough, Ont. : Carswell.

Analytics

Added to PP
2021-03-06

Downloads
9 (#1,181,695)

6 months
4 (#678,769)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Anderson v Dredd [2138] Megacity LR (A) 1.Mark Thomas - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):605-647.

Add more citations