Pavoni, Andrea --- "Abstracting method: taking legal abstractions seriously" [2017] ELECD 1444; in Philippopoulos-Mihalopoulos, Andreas; Brooks, Victoria (eds), "Research Methods in Environmental Law" (Edward Elgar Publishing, 2017) 51

Book Title: Research Methods in Environmental Law

Editor(s): Philippopoulos-Mihalopoulos, Andreas; Brooks, Victoria

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784712563

Section: Chapter 3

Section Title: Abstracting method: taking legal abstractions seriously

Author(s): Pavoni, Andrea

Number of pages: 29

Abstract/Description:

This chapter sketches the contours of a methodological attitude aimed to explore the spatiality and materiality of law by taking abstraction seriously and using abstraction strategically. This is done through five steps. First, I briefly account for the impact that the spatial and subsequent (affective, material, post-human) turns in social sciences and humanities had on the notion of the social. Second, I draw the relative consequences vis-à-vis the law, by introducing the notion of spatiolegal. Third, I describe the way in which within the legal system, as well as legal thinking more generally, space has been systematically misunderstood. I especially focus on the case of socio-legal and critical legal approaches, highlighting how beneath their misunderstandings they betray a common incapacity to overcome the separation between law and space, thus reaffirming under another guise the opposition between the abstract and the concrete. Fourth, I tackle this question by integrating insights on the ‘real’, ‘concrete’ and ‘productive’ quality of abstractions, coming from Karl Marx, Peter Goodrich, Gilles Deleuze and Felix Guattari. Along these four sections, the strategic significance of re-evaluating the notion of abstraction becomes gradually apparent, both in the political and methodological sense. Therefore, fifth, I conclude by distilling the discussion hitherto developed, and operationalise it through an empirical example. In this way I am able to show the methodological approach developed in this chapter at work, as well as to provide a minimal testing ground for assessing its usefulness.