The Shuffle of Things: Law and Knowledge in "Modern Society"

Abstract

What are modernities? Can they be critical? What could it mean to imagine law beyond liberalism? This Article considers these questions from within the admittedly-limited scope of law and society in the United States. It argues, using an example drawn from a contemporary state law regulating the practice of law, that the "order of things" has changed. The systematicity of knowledge of modern law links it to the conditions of a sociological society whose stability involves both the management of risk (as others have argued) and the prevention of crisis. When interventions such as this Article — in common with modern law—seek to address the critical condition of a modern society and to avert crises in it, such interventions may paradoxically justify and reinforce the very tactics and terms of the expressive environment or system that constitutes modern sociological society.