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Schreber's LawJurisprudence and Judgment in Transition$
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Peter Goodrich

Print publication date: 2018

Print ISBN-13: 9781474426565

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474426565.001.0001

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The Judge’s New Body: Am I That (Woman)?

The Judge’s New Body: Am I That (Woman)?

Chapter:
(p.112) 5 The Judge’s New Body: Am I That (Woman)?
Source:
Schreber's Law
Author(s):

Peter Goodrich

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474426565.003.0006

Schreber’s theory of law constitutes a minor jurisprudence. It is the work of a deterritorialized subject, the prison writing of a judge incarcerated in an asylum. What is most striking about his legal philosophy is how he remained a lawyer, a critic of dogmatism and advocate of transition and the free expression of desire. Schreber never succumbed to his doctors or his confinement. He bellowed and he laughed to the very end, legislating and satirizing one might suppose, in the face of inhospitable institutions and social condemnation. He was incarcerated but unbowed. More importantly, he never lost his style but rather punned, joked, a relayed the absurdity of his confinement and of his condition.

Keywords:   Minor jurisprudence, Laughter and law, Asylum writings

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