The Anthropocene prompts renewed critical reflection on some of the central tenets of modern thought including narratives of ‘progress’, the privileging of the nation state, and the universalist rendering of the human. In this context it is striking that ‘rights’, a quintessentially modern mode of articulating normativity, are often presumed to have an enduring relevance in the contemporary moment, exemplified in renewed recourse to rights in their attribution to parts of the nonhuman world. Our intervention contemplates ways in which the (...) apparent disorientations of the Anthropocene might allow for a generative reorientation of some of these presuppositions. We critically consider the institutional and discursive limitations of rights and the ambivalence of rights language, and argue that the monism that rights so often implies limits the capacity to foster generative encounters between Indigenous and non-Indigenous legal traditions. We develop a critical discourse of obligation, understood here to both precede and exceed the rights-duty correlate so central to modern law. An attentiveness to the priority of obligation, we argue, might allow us to foreground an ethics of encounter between traditions, to examine the limits of modernity’s legal and political imaginary, and to pursue a ‘radical re-storying’ of laws for the Anthropocene. (shrink)

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (shrink)