Chapter

The Sovereign Structure

William Lucy

in Understanding and Explaining Adjudication

Published in print September 1999 | ISBN: 9780198260257
Published online March 2012 | e-ISBN: 9780191682070 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260257.003.0015
The Sovereign Structure

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While author and agent were once considered the engines of social change and innovation, prior to and determinative of the rules, institutions, and structures in which they operate, they are now merely the products of those rules, institutions, and structures. The sovereign individual is apparently replaced by the sovereign structure. The first section of this chapter uses this reversal, in conjunction with the strategies of unearthing binary oppositions and of highlighting the role of the unconscious in social life, as an introduction to the ‘structuralist’ thought which informs many heretical attacks upon the orthodoxy. When sympathetically and non-dogmatically developed, structuralism at least highlights all the crucial questions that need be raised in the effort to understand and explain most aspects of social life. This chapter examines methodological eclecticism, considering only Duncan Kennedy's contribution. It argues that the reasons behind Kennedy's eclecticism actually support compatibilism.

Keywords: Duncan Kennedy; sovereign structure; social life; heresy; orthodoxy; structuralism; methodological eclecticism; compatibilism

Chapter.  21944 words. 

Subjects: Jurisprudence and Philosophy of Law

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