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Everything is dislocated: reading (dis)connections in Joseph Conrad and theories of justice and violence

Published online by Cambridge University Press:  02 January 2018

Stephen Skinner*
Affiliation:
University of Exeter, Cornwall Campus

Abstract

The relationship between law and justice has long been a concern of legal theory, but the gap of uncertainty, or aporia, between them has been a particular focus of recent jurisprudence. Some theorists, such as Costas Douzinas and Ronnie Warrington, have focused on the cleavage between judgment and the aspiration to ethical justice to the Other, while others, such as Robert Cover, Austin Sarat and Thomas Kearns, have worked on the gulf between law and justice in the face of violence and pain, within, caused by and before the law. This paper suggests that such theories are primarily concerned with problematised dislocation, as a critical technique and an observed state, which is also to be found in modernist fiction, especially in Joseph Conrad's Weltanschauung and literary style. It is argued that examining the disconnections that characterise Conrad's fiction, through engagement with his stories and secondary commentaries thereon, and combining that analysis with the study of dislocation in legal theory, permit the development of a richer picture of these shared concerns. On this basis, the paper constructs a distinct concept of ‘dislocation’ and suggests how it can supplement jurisprudential discussion.

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2008

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References

1. Although the term ‘post-modern’ is occasionally used here in relation to work that explicitly identifies itself as such, the term ‘late modern’ is preferred in order to highlight continuities, based on the view that late modern critical writing is closely related to, and in many ways an extension of, modernist cultural critique, a view also expressed by, eg, Bell, MThe metaphysics of modernism’ in Levenson, M (ed) The Cambridge Companion to Modernism (Cambridge: Cambridge University Press, 2005) p 9 Google Scholar and but note at p 410.

2. See my earlier comment on this issue: Skinner, S “a benevolent institution for the suppression of evil”: Joseph Conrad's The Secret Agent and the limits of policing 2003 Journal of Law and Society 420 CrossRefGoogle Scholar at 422.

3. Douzinas, C and Warrington, R Justice Miscarried (London: Harvester Wheatsheaf, 1994)Google Scholar and

4. Cover, R Violence and the word’ (1986) 95 Yale Law Journal 1601 CrossRefGoogle Scholar; ; ; and . See also S Skinner ‘Stories of pain and the pursuit of justice: law, violence, experience and jurisprudence’ in Law, Culture and the Humanities (forthcoming).

5. See also Skinner, S “as a glow brings out a haze”: understanding violence in jurisprudence and Joseph Conrad's fiction’ (2007) 27 Legal Studies 465.CrossRefGoogle Scholar

6. Ibid: note my caveats at 471 and 485. See also and in particular Weisberg, R Poethics and Other Strategies of Law and Literature (New York: Columbia University Press, 1992)Google Scholar, and

7. Douzinas and Warrington, above n 3.

8. Ibid, p 17.

9. Ibid, p 135.

10. Ibid, p 183.

11. Ibid, pp 4 and 137. See also Douzinas, above n 3, pp 196–197.

12. Ibid, p 18.

13. Ibid, p 184 (empahsis added).

14. Ibid, p 136.

15. Ibid, p 185. See also Douzinas, C and Geary, A Critical Jurisprudence: The Political Philosophy of Justice (Oxford: Hart, 2005) p 75 Google Scholar: ‘...while I have to be just to the other as a finite being with specific demands and desires, I can never be fully just, because the infinity of the other makes the giving of justice impossible…Theories and laws need to be applied; but every application would turn the uniqueness of the other into an instance of the concept or a case of the norm, and would immediately violate their singularity. The only principle of justice is respect for the singularity of the other’.

16. Douzinas, above n 3, pp 220–221.

17. Above n 4.

18. Scarry, E The Body in Pain: The Making and Unmaking of the World (New York: Oxford University Press, 1985)Google Scholar. Cover's reliance on Scarry is implicit in his wording of arguments, eg Cover, above n 4, at 1602 and explicit in at 817; see Skinner, above n 5, at 467.

19. Cover, above n 4, at 1602. For further engagement with Cover's work and his reliance on Scarry, see Skinner, above nn 4 and 5.

20. Sarat and Kearns ‘A Journey through forgetting’, above n 4, p 219 and ‘Introduction’, above n 4, p 2.

21. Sarat ‘Situating law’, above n 4, pp 6–7 and 9.

22. Skinner, above nn 4 and 5.

23. Skinner, above n 4 and compare Skinner, above n 5.

24. Ibid.

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26. Erdinast-Vulcan, ibid.

27. For further discussion of these issues see Skinner, above n 5.

28. Erdinast-Vulcan, above n 25, pp 14 and 21.

29. Reference here is to the Oxford World's Classics series: Stape, Jh (ed) An Outcast of the Islands (Oxford: Oxford University Press, 2002).Google Scholar

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31. An Outcast of the Islands, above n 29, p 172.

32. Ibid, pp 172–173.

33. Ibid, pp 180–181.

34. Ibid, p 181.

35. Ibid, p 181.

36. Ibid, pp 181–182.

37. Ibid, pp 199–200.

38. Ibid, p 201.

39. Ibid, p 204.

40. Ibid, p 212.

41. Ibid, p 280 and commentary at p xx.

42. Armstrong, P The Challenge of Bewilderment: Understanding and Representation in James, Conrad and Ford (Ithaca: Cornell University Press, 1987).Google Scholar

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45. Armstrong, above n 42, p 1.

46. Ibid, p 2.

47. Ibid, p 4.

48. Ibid, pp 9–12.

49. Ibid, p 109.

50. Ibid, p 110.

51. Ibid, pp 17–25.

52. Ibid, p 25.

53. White, above n 43.

54. Ibid, pp 1–2.

55. Ibid, pp 2–6.

56. Ibid, p 16.

57. Literally a ‘writing of shadows’: ibid, p 17. Compare Roussel, R The Metaphysics of Darkness: A Study in the Unity and Development of Conrad's Fiction (Baltimore: John Hopkins Press, 1971)Google Scholar and

58. White, ibid, pp 28–29.

59. Ibid, pp 30–43. White emphasises Conrad's alienation in the late 1890s, due to his mental health problems and sense of separation and isolation as an exile and from his audience.

60. Ibid, pp 108–109.

61. Compare Wollaeger, M Joseph Conrad and the Fictions of Skepticism (Stanford: Stanford University Press, 1990)Google Scholar, who examines Conrad's philosophical engagement with the limits on representation and understanding through the prism of skepticism; , who examines Conrad's testing of the limits of rational understanding of the world and the tensions among reality, impressions, knowledge and imagination; and , who discusses Conrad's focus on a ‘radical disorientation that obliterates any stable relation between the self and the world’, p 5.

62. Gillon, above n 44, pp 7 and 56–57: ‘The isolatoes of his novels and stories are, in many senses, avatars of Conrad's own life’. Compare White's argument, above n 59.

63. Gillon, ibid.

64. Ibid, p 58.

65. Ibid, pp 118 and 167.

66. One of Conrad's last works, Victory, was published in 1915 and arguably represents the clearest distillation of his concerns with self-knowledge, the unreliability of engagement with the factual world and the tension between solitude and community: Kalnins, M (ed) Victory (Oxford: Oxford University Press, 2004)Google Scholar‘Introduction’ pp xiii–xxxviii, especially pp xv–xvii.

67. Lord, above n 44.

68. Ibid, p 65; compare her confirmation of this view at p 96.

69. Ibid, pp 63–64.

70. Ibid, p 305.

71. In chapters 2, 3 and 4 of her book, above n 25, Erdinast-Vulcan discusses these ideas in terms of Conrad's responses to failures of myth, of metaphysics and of textuality, supporting her analysis with examples drawn from nine of Conrad's stories.

72. Ibid, p 21.

73. Collins English Dictionary 21st Century Edition (Glasgow: HarperCollins, 2000).Google Scholar

74. Ibid.

75. With explicit reference to ‘post-modernism’ Snipp-Walmsley, above n 1, pp 424–425, refers to ‘a principle of critical vigilance: a means of opening up the contradictions and aporias in the master narratives and power discourses’.

76. Compare L Moran ‘Law's diabolical romance: reflections on a new jurisprudence of the sublime’ in Freeman, M (ed) Law and Popular Culture (Current Legal Issues vol 7) (Oxford: Oxford University Press, 2004) pp 226242 Google Scholar. Moran draws parallels between Gothic literature and contemporary jurisprudential engagement with justice and the Other, in order to suggest that such jurisprudence, like Gothic art, is inherently concerned with the ‘sublime’, understood as ‘the void, the infinity, the awesome nothingness against which boundaries and borders of current meanings and the possibility of meaning are both made and enforced, transgressed and transcended’.

77. Stape, above n 29, p xii.

78. Ibid, p xiii.

79. White, above n 43 – see nn 58 and 60 and related text.

80. See also Skinner, above n 5, at 485 on the excess beyond the text.