Legal Judgment and Cape Colonial Law
George Pavlich
Judgment is a complex matter, with particular nuances in the context of juridical decision-making. The following commentary explores legal judgment at juncture via Cape colonial case 1798 and through Foucault’s often overlooked essay, “Truth Juridical Forms.” Noting legacy test inquiry as knowledge formations that have significantly influenced European law, this discussion highlights how might usefully be viewed shifting product local wider power-knowledge formations. Viewing record some historical distance enables one to see process its time place. It also more general, if admittedly exploratory, comment on an authorized, violent cuts countersigns itself transcriptions. As well, performative contradiction attaches indecision heart decisions, thereby disabling apodictic judgments intimating potential escape from totalitarian judgmental systems.
Law, Culture and the Humanities