Thesis
Creaturely Jurisography: Writing a Living Common Law
Southern Cross University
Doctor of Philosophy (PhD), Southern Cross University
2022
DOI:
https://doi.org/10.25918/thesis.246
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Abstract
This thesis investigates whether the common law is a fully living law. A fully living law is taken to be one that is attentive to all life and all living.
The thesis investigates this question through two frames of relations.
The first frame, because the common law does not ‘do itself’, engages with the question of who has responsibility for law. The response, the frame of relation, is office. Office is used to consider how those who have institutional responsibilities for the common law, both formal and informal, have responsibilities and duties to the quality of law’s relations with all who fall within its jurisdiction. The value of office is that it offers the possibility of measuring performance in relation to the duties of the office, it is a measure of conduct. With respect to the responsibilities of the conduct of law, the thesis turns to the office of jurisprudent. And, because how the responsibilities and their conduct are read and written, because how they are narrated is critical to how they are understood and lived, the thesis draws forward the office of jurisprudent as jurisographer.
The second frame of relations is ‘creaturely’. In the thesis, ‘creaturely’ is taken to encapsulate all life and living. It encompasses embodiment and the precarious mix of ideas, practices and technologies that shape relations of embodied life at law.
Historically, the creaturely relation has not been recognised as relevant to the institutional thinking of the common law. This thesis argues that it should be. It therefore develops an approach which focuses on and enables attention and obligation to ‘the creaturely’ and to all relations of living and dying at common law such that the approach becomes habitual thinking and doing for those who have responsibility for common law relations.
Details
- Title
- Creaturely Jurisography: Writing a Living Common Law
- Creators
- Julia ('Julia') Maree Cook
- Contributors
- Jennifer Nielsen (Supervisor) - Southern Cross University, LawShaun McVeigh (Supervisor)John Page (Supervisor) - Southern Cross University, Law
- Awarding Institution
- Southern Cross University; Doctor of Philosophy (PhD)
- Theses
- Doctor of Philosophy (PhD), Southern Cross University
- Publisher
- Southern Cross University
- Number of pages
- viii, 252
- Identifiers
- 991013085713502368
- Copyright
- © JM Cook 2022
- Academic Unit
- Faculty of Business, Law and Arts
- Resource Type
- Thesis