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Cardozo Law Review

Abstract

This paper introduces a general philosophical matheme of an investigation of 'law and literature.' It claims that the experience of literature is an encounter that outlives the reader and the normative demand for an understanding. This matheme is read through Badiou's thoughts on poetry and the staging of ill-saying. Literature is approached from the enigma of dictation or the sphinx. This event is neither biographical nor a 'mere' linguistic event, but rather a zone of indifference where both experience their reciprocal desubjectivization. Law destines human life to transmit a holy transcendental patrimony that wishes to dictate. In contrast, the experience of poetry, understood in this work through Agamben's thought, breaks with this dictation and experiences the indissoluble, yet non-essential, unity of lived experience and the poeticized in the medium of the and, that is language.

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Judges | Law

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