Thinking of Norms Spatially

Lorini, Giuseppe; Loddo, Olimpia Giuliana

doi:10.3790/rth.48.2.197

Cited by 8 publications

(6 citation statements)

References 3 publications

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“…In addition, the law is conceived as deeply spatial and intrinsically geographical (Blomley, 1989; Pue, 1990): “Although a norm cannot ‘materially’ occupy a physical space, it cannot but make reference to space. … According to Kelsen, it is the fact itself that the conduct regulated by the norm takes place in a physical space that is the basis of the relationship between space and a norm” (Lorini & Loddo, 2017, p. 203) 4…”

Section: Questioning the Spatial Operativity Of Norms Through Alterna...mentioning

confidence: 99%

“… 4 4 This is the foundation of what Kelsen (1997) calls the space of validity of norms, which refers to the territory in which a norm is valid. Such concept should not be mistaken for the so‐called sphere of reference of norms – namely, the fact that norms define spaces in which the law applies (Lorini and Loddo, 2017). …”

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confidence: 99%

“…If the extraordinariness of COVID-19 laws has highlighted in a paroxysmal way how legal norms are "spatial entities" that substantially affect, in a direct or indirect manner, how space can be used and under what conditions (Lorini & Loddo, 2017), the use of normative artefacts to curtail the possibility of using space is ancestral (for a fascinating historical picture, see Schmitt, 2003Schmitt, [1950) and ubiquitous in contemporary societies. Yet, notwithstanding the intrinsic connection between space and legal norms, the law-space tangle has only rather recently become the subject of intense academic scrutiny.…”

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confidence: 99%

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Placing the law: The socio‐spatial impact of legal norms beyond mere compliance

Chiodelli

Morpurgo

2022

Trans Inst British Geog

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This paper explores the complex ways in which a legal norm can influence a socio‐spatial context. More precisely, the paper aims to contribute to the theoretical investigation of the nexus between law and space in the field of legal geography by proposing an analytical framework for the study of the spatial operativity of law beyond compliance. To do so, this work relies on the concepts of nomotropism (namely, “acting in light of the rule”) and effectiveness‐as‐operativity. They imply that (1) any legal norm that has a causal relation with an action can be deemed effective regardless of whether such action conforms with or transgresses such norm, and (2) the impact of a norm is not confined to mere compliance. The paper then articulates the analytical framework derived by these theoretical insights with reference to different kinds of norms (law in actu and law in intellectu; law in books and law in practice). The relevance of the resulting theoretical structure for the investigation of complex socio‐spatial phenomena is finally exemplified through the analysis of a conflictual process for the establishment of a Muslim place of worship in Italy.

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Section: Questioning the Spatial Operativity Of Norms Through Alterna...mentioning

confidence: 99%

mentioning

confidence: 99%

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confidence: 99%

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Placing the law: The socio‐spatial impact of legal norms beyond mere compliance

Chiodelli

Morpurgo

2022

Trans Inst British Geog

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“…Rather, the latter has been thought to order space through its crystallisation into law, which is thus also perceived to be ontologically separate from space (Pavoni 2018:71; Philippopoulos‐Mihalopoulos 2010a). The same is true for the norms that inform, while being ratified by, a legal order: they are conceived as “mental objects”, which are applied to space without themselves being spatial (Lorini and Loddo 2017). 3 Spatiality, therefore, never becomes a positive determination of justice and normativity; space is what needs ordering through a rational agency that is external to it.…”

Section: In the Right Placementioning

confidence: 99%

Diagrammatics of Spatial Justice: Neoliberalisation, Normativity, and the Production of Space

Sotiropoulos¹

2022

Antipode

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This article focuses on the concept of “spatial justice” and argues for its analytical significance in a critical comprehension of a series of phenomena, from processes of neoliberalisation, socio‐geographic composition and the production of urban space to how space and justice are conceived. Being an expression of social theory’s spatial turn, the concept has served to enrich apperceptions of social justice. Nonetheless, the article adopts the contention that neither the concept’s more disturbing implications nor its radical potential have been fully attended. After contextualising the relevant theoretical problematic through an analysis of neoliberal urbanism, this radical potency is foregrounded by a Deleuzian‐inspired conceptualisation, which conceives spatial justice as a contentious process of territorialising and deterritorialising assemblages that operate and unfold diagrammatically. This conceptualisation, it will be argued, allows theory to move beyond the distributive paradigm and its anthropocentric bias, which continue to prevail in the relevant theoretical and political discourses.

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“…Legal compliance may be complex as a result of competing claims of sovereignty. The spatial dimension of legal norms – an issue studied by Lorini and Loddo (2017) – is of particular interest in settler colonial states. If the conclusion is accepted that the holder of imperium (sovereignty) has dominion (ownership) over subterranean natural resources on the basis of Roman law (Adame Goddard, 2017), then in natural resource extraction, the question arises whether the Indigenous nations or the settler colonial states hold imperium .…”

Section: Impossibility Of Overcoming Coloniality In Compliance and Csrmentioning

confidence: 99%

Coloniality of corporate social responsibility

Poesche¹

2020

International Journal of Discrimination and the Law

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The objective of this article is to make the case horizontally that the intertwined legal compliance and corporate social responsibility (CSR) abet enduring coloniality in settler colonial states. The focus is on Indigenous nations and settler colonial states in the Americas. There are three key contributions. First, the jurisprudential, managerial, philosophical and political foundations of CSR are of Occidental extraction therefore making CSR susceptible to being a tool of coloniality directed against Indigenous nations. Second, CSR is constrained by compliance with Occidental jurisprudence. Third, firms’ compliance with Indigenous nations’ cosmovisions can be best safeguarded by legal pluralism-based compliance as this entails court-imposed coercive enforcement. CSR is not part of the solution; CSR is part of the problem.

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Thinking of Norms Spatially

Cited by 8 publications

References 3 publications

Placing the law: The socio‐spatial impact of legal norms beyond mere compliance

Placing the law: The socio‐spatial impact of legal norms beyond mere compliance

Diagrammatics of Spatial Justice: Neoliberalisation, Normativity, and the Production of Space

Coloniality of corporate social responsibility

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