Abstract

ABSTRACTThis article examines the rhetorical structure of the demand for recognition in order to refigure the relationship between law and the scene of address in political and theoretical accounts of recognition. It begins by demonstrating that theorists and critics of the politics of recognition assume that law limns the scene of recognition, framing it in a way that contains its practices and marks its end. The difficulty of such a presumption, however, is that, if law is afforded the status of a frame or background, we are unable to account for the rhetorical operations of law—the way it constitutes the norms of recognizability. A reading of the U. K.'s Gender Recognition Act of 2004 provides a brief example of how a demand for recognition might expose law's rhetorical conditions and demonstrate how legal judgment presupposes a scene of recognition in which both subjects and law take (up a) place.

Journal
Philosophy & Rhetoric
Published
2015-11-23
DOI
10.5325/philrhet.48.4.0516
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  1. Philosophy & Rhetoric

References (17)

  1. Butler, Judith. 2004a. “Is Kinship Always Already Heterosexual?” In Undoing Gender, 102–30. New York: Routledge.
  2. Butler, Judith. 2004b. Precarious Life: The Powers of Mourning and Violence. London: Verso.
  3. Butler, Judith. 2005. Giving an Account of Oneself. New York: Fordham University Press.
  4. Butler, Judith. 2009. Frames of War: When is Life Grievable? New York: Verso.
  5. Butler, Judith, and Athena Athanasiou. 2013. Dispossesion: The Performative in the Political. Cambridge, UK: …
Show all 17 →
  1. Christine Goodwin v. the United Kingdom. 2002. European Court of Human Rights, Application No. 28957/95. http…
  2. Constable, Marianne. 2005. Just Silences: The Limits and Possibilities of Modern Law. Princeton, NJ: Princeto…
  3. Douzinas, Costas. 2002. “Identity, Recognition, Rights; or, What Can Hegel Teach Us About Human Rights?” Jour…
  4. Düttman, Alexander García. 2000. Between Cultures: Tensions in the Struggle for Recognition. Trans. Kenneth B…
  5. Habermas, Jürgen. 1994. “Struggles for Recognition in the Democratic Constitutional State.” In Multiculturali…
  6. Kruks, Sonia. 2001. Retrieving Experience: Subjectivity and Recognition in Feminist Politics. Ithaca, NY: Cor…
  7. Kymlicka, Will. 1995. Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford, UK: Clarendon Press.
  8. Markell, Patchen. 2003. Bound by Recognition. Princeton: Princeton University Press.
  9. Murray, Stuart J., and Judith Butler. 2007. “Ethics at the Scene of Address: A Conversation with Judith Butle…
  10. Povinelli, Elizabeth. 2002. The Cunning of Recognition: Indigenous Alterities and the Making of Australian Mu…
  11. Spade, Dean. 2011. Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law. Broo…
  12. Taylor, Charles. 1994. “The Politics of Recognition.” In Multiculturalism: Examining the Politics of Recognit…