2014 JSI Seminar Series: Dr Kristen Rundle
8 May 2014
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Legal subjects and juridical persons:Personhood, institutions and authority in Fuller and Arendt
Lon Fuller and Hannah Arendt are rarely sighted as companions within the same inquiry, if indeed at all. In this paper, however, Kristen Rundle develops the argument that Arendt and Fuller are both proponents of a distinctly normative theory of law that hinges upon the way that the institutional conditions through which a subject experiences her relationship with political authority sustain her status as a person. The distinctive realm of the legal (Fuller), or juridical (Arendt), the argument runs, can only be explained by witnessing how three ideas - personhood, institutions and authority - 'travel together' in both scholars' analyses, mutually informing and shaping each other.
The aims of the paper are threefold. First, Rundle seeks to contribute to the increasing interest in Arendt's legal theory through an analysis of her neglected idea of the 'juridical person'. Second, she considers whether there is equally a contribution to be made for the further development of Fuller's project, as she has interpreted it, from an engagement with Arendt. Third, and broader still, the overriding aim of the paper is to explore what the connections between the themes of personhood, institutions and authority that she traces in Fuller and Arendt suggest to us about the possibility of a normative legal theory that is capable of reconciling the distinctiveness and authority of law to its treatment of persons.
Kristen Rundle recently joined UNSW Law as a Senior Lecturer following four years as a Lecturer at the Department of Law, London School of Economics and Political Science. Her areas of teaching include administrative law, legal theory, and law and the Holocaust, and her research explores the relationship between the form of law and human agency from both a theoretical and practical standpoint. Kristen was awarded an SJD from the University of Toronto, where she also held the Doctoral Fellowship in Ethics at the Centre for Ethics. She undertook an LLM (honours) in public law and legal theory from McGill University as the 2001 Australian Lionel Murphy Postgraduate (Overseas) Scholar, and also holds a BA/LLB (first class honours) from the University of Sydney. Her book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012) was awarded second prize, Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship, 2012.
Lawyers/barristers: attendance at this lecture is equal to 1.5 MCLE/CPD unit.
Cost: Free, registration essential
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