Voice, Incarnation and the United States Supreme Court
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Pier Giuseppe Monateri
Pier Giuseppe Monateri is Visiting Professor at Sciences Po, Paris, and Professor of Law at the Law School of the University of Turin, where he is Chief Coordinator of the Erasmus Programs and has been President of Post Graduate Programs in Law and Coordinator of the PhD Programs in Comparative Law. He is titular member of the International Academy of Comparative Law (New York), member of Accademia delle Scienze (Bologna); Profesor Honorario Universidad San Marcos (Lima); Vice-President of the Italian Association of Law and Literature. He is former Vicarious Rector of the University of Trento and Past-President of the Italian Association of Comparative Law. He has been the first Director of the Department of Private Law of the State and the Scuola Superiore della Pubblica Amministrazione in Rome, and he is a former member of the Board of the Italian Society for Law and Economics; and former Director of Biblioteca della Libertà, Centro Einaudi. He has been honoured as Jean Monnet professor of European Law at the University of Trento.
Abstract
The aim of this paper is to investigate what we mean by “voice” in legal documents. Whose voice is speaking in a Constitution? Does a code of laws have a voice? And, above all, can a judge be said to be a “voice” of the law? As we shall see, this question of the voice speaking in a legal document, is not commonly afforded. Henceforth, we should make reference to literary theories to reappraise the meaning of legal documents from the standpoint of searching for the voice speaking in them. In this way, we shall try to envision a new approach to the legitimacy of reading in order to reframe the problematic relation between the judge as a reader and the texts. This point is of peculiar interest in the actual debate in the United States about the reading of the Constitution, and represents, also, a key factor in comparing different jurisdictions; it is a central point in comparative law and attempts to portray the Geography of the Nomos, through the “representation” of the various “legal voices” that unite, or divide, the different jurisdictional spaces of world governance.
About the author
Pier Giuseppe Monateri is Visiting Professor at Sciences Po, Paris, and Professor of Law at the Law School of the University of Turin, where he is Chief Coordinator of the Erasmus Programs and has been President of Post Graduate Programs in Law and Coordinator of the PhD Programs in Comparative Law. He is titular member of the International Academy of Comparative Law (New York), member of Accademia delle Scienze (Bologna); Profesor Honorario Universidad San Marcos (Lima); Vice-President of the Italian Association of Law and Literature. He is former Vicarious Rector of the University of Trento and Past-President of the Italian Association of Comparative Law. He has been the first Director of the Department of Private Law of the State and the Scuola Superiore della Pubblica Amministrazione in Rome, and he is a former member of the Board of the Italian Society for Law and Economics; and former Director of Biblioteca della Libertà, Centro Einaudi. He has been honoured as Jean Monnet professor of European Law at the University of Trento.
©2015 by De Gruyter
Articles in the same Issue
- Frontmatter
- Focus
- Focus: Voices of Power/Power of Voices
- Voices of Spectators and Audience Power
- “There Were No Longer Any Laws”: Voices of Authority, Complicity, and Resistance in Totalitarian Dystopias and Holocaust Imaginings
- Caesar’s Body in Shakespeare’s Julius Caesar: Sacralization and De-sacralization of Power
- Legal Oracularism and Theological Prophetism. Fleshly Silences Across Memories and Traditions
- “What Is Royalty Without a Voice?” The Performance of Power in The King’s Speech
- Is There Voice Without Law? On The Road
- Voice, Incarnation and the United States Supreme Court
- Disputes and the Differend: Literary Strategies to Say the Unspeakable
- The Working Class Goes to the Movies: Labour Law and Thatcherism in British Films
- War in Words: The Tricycle Theatre’s Re-voicing of the Bloody Sunday Inquiry
- Research
- Legal Systemology and the Geopolitics of Roman Law: A Response to Stuart Elden’s Critique of Carl Schmitt’s Spatial Ontology
- Speech and Graphomena: The Power of Apuleius’ Words in Court and in Translation
- Book Review
- Mireille Hildebrandt and Jeanne Gaakeer: Human Law and Computer Law: Comparative Perspectives
Articles in the same Issue
- Frontmatter
- Focus
- Focus: Voices of Power/Power of Voices
- Voices of Spectators and Audience Power
- “There Were No Longer Any Laws”: Voices of Authority, Complicity, and Resistance in Totalitarian Dystopias and Holocaust Imaginings
- Caesar’s Body in Shakespeare’s Julius Caesar: Sacralization and De-sacralization of Power
- Legal Oracularism and Theological Prophetism. Fleshly Silences Across Memories and Traditions
- “What Is Royalty Without a Voice?” The Performance of Power in The King’s Speech
- Is There Voice Without Law? On The Road
- Voice, Incarnation and the United States Supreme Court
- Disputes and the Differend: Literary Strategies to Say the Unspeakable
- The Working Class Goes to the Movies: Labour Law and Thatcherism in British Films
- War in Words: The Tricycle Theatre’s Re-voicing of the Bloody Sunday Inquiry
- Research
- Legal Systemology and the Geopolitics of Roman Law: A Response to Stuart Elden’s Critique of Carl Schmitt’s Spatial Ontology
- Speech and Graphomena: The Power of Apuleius’ Words in Court and in Translation
- Book Review
- Mireille Hildebrandt and Jeanne Gaakeer: Human Law and Computer Law: Comparative Perspectives
