[p2p-research] Capitalism 2.0: Peer Production, Intellectual Property & Juridification Processes Online

[j.martin.pedersen]

On 16/07/10 20:27, magius wrote:
> 2010/7/16 j.martin.pedersen <m.pedersen at lancaster.ac.uk>:
> 
>> Juridification: "...the replacing of politics with the formality of law
>> and legal decisions..." - from: �"The Human Rights Act and
>> Juridification: Saving Democracy" in POLITICS: 2010 VOL 30(2), 91�97 by
>> Fergal Davis.
> 
> 
> Imho juridification happens when social movements have no more force
> to impose their agenda through conflict. Juridification is a
> replacement for political action. Acted by activists through their
> accademic and institutional roles. Normally it fails.

This is a nice way of putting it. However, of course, many times
juridification is the desired outcome for social movements (....failure
from the onset?). Fascism and capitalism - both (anti-)social movements
- desire(d) juridification to establish norms of suppression and
exploitation.

Also many labour movements wanted - and still do -  their demands set in
legal stone.

Also, the Free Culture and Free Software movements' central committees'
trajectory is pointing to juridification, as far as I can tell.

For juridification to be a clear failure of a movement, its origins,
aims and terms probably need to be anarchistic, but even an anarchistic
demand can be satisfied in the letter of the law, in theory at least.

- "....to live outside the law, you must be honest..."

-m