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Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon
Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon
Jonathan S Simon
This article comments on a speech by Boaventura de Sousa Santos which was addressed to the Law and Society Association during its Annual Meeting on June 3, 1995 in Toronto, Canada, about the metaphors of a new conception of law. According to Santos, what is taking place, as of 1995, is simultaneously a crisis of subjectivity and government. The project of emancipation, Santos suggests, has collapsed into regulation. Santos offers three metaphors for the kinds of knowledge and law which may facilitate the construction of postmodern subjectivities. In the frontier, the baroque, and the South, Santos finds emancipatory possibilities. He …
The Ideological Effects Of Actuarial Practices, Jonathan Simon
The Ideological Effects Of Actuarial Practices, Jonathan Simon
Jonathan S Simon
Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …