The Place of Law The Amherst Series in Law, Jurisprudence, and Social Thought Each work included in The Amherst Series in Law, Jurisprudence, and Social Thought explores a theme crucial to an understanding of law as it confronts the changing social and intellectual currents of the twenty-first century. Works edited by Austin Sarat and Thomas R. Kearns The Fate of Law Law's Violence Law in Everyday Life The Rhetoric of Law Identities, Politics, and Rights Legal Rights: Historical and Philosophical Perspectives Justice and Injustice in Law and Legal Theory Law in the Domains of Culture Cultural Pluralism, Identity Politics, and the Law History, Memory, and the Law Human Rights: Concepts, Contests, Contingencies Works edited by Austin Sarat, Lawerence Douglas, and Martha Merrill Umphrey Lives in the Law Law's Madness The Place of Law The Place of Law EDITED BY Austin Sarat, Lawrence Douglas, AND Martha Merrill Umphrey The University of Michigan Press Ann Arbor First paperback edition 2006 Copyright © by the University of Michigan 2003 All rights reserved Published in the United States of America by The University of Michigan Press Manufactured in the United States of America O Printed on acid-free paper 2009 2008 2007 2006 5 4 3 2 No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, or otherwise, without the written permission of the publisher. A CIP catalog record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The place of law / edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey. First paperback edition 2006 p. cm.- (Amherst series in law, jurisprudence, and social Copyright ©by the University of Michigan 2003 thought) All rights reserved Includes bibliographical references and index. ISBN 0-472-11350-X (cloth : alk. paper) Published in the United States of America by 1. Law-Methodology. 2. Exterritoriality 3. Jurisdiction The University of Michigan Press 4. International and municipal law. I. Sarat, Austin. II. Douglas, Manufactured in the United States of America Lawrence. III. Umphrey, Martha Merrill. IV. Series. K212 .P58 2003 @ Printed on acid-free paper 340'.1-dc21 2003011961 ISBN 0-472-03158-9 (pbk. : alk. paper) ISBNI3 978-0-472-11350-7 (cloth :alk. paper) 2009 2008 2007 2006 5 4 3 2 ISBNI3 978-o-472-o3158-o (pbk.: alk. paper) ISBNI3 978-o-472-o0220o8-3 (electronic) No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, or otherwise, without the written permission of the publisher. A CIP catalog record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The place of law I edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey. p. em. - (Amherst series in law, jurisprudence, and social thought) Includes bibliographical references and index. ISBN o-472-11350-x (cloth: alk. paper) 1. Law-Methodology. 2. Exterritoriality 3· Jurisdiction 4· International and municipal law. I. Sarat, Austin. II. Douglas, Lawrence. III. Umphrey, Martha Merrill. IV. Series. K212.P58 2003 340'.1-dc21 ISBN o-472-03158-9 (pbk.: alk. paper) ISBNI3 978-o-472-11350-7 (cloth: alk. paper) ISBNI3 978-o-472-03I58-o (pbk.: alk. paper) ISBNI3 978-o-472-02208-3 (electronic) To my son Benjamin (A.S.) To KRM and TJUM (M. U.) For NEP (L.D.) Acknowledgments We are grateful to our colleague David Delaney for his help in shaping the ideas that inform this book. We thank our students in Amherst Col- lege's Department of Law, Jurisprudence and Social Thought for their interest in the issues addressed in this book. We would like to express our appreciation for generous financial support provided by the Col- lege's Charles Hamilton Houston Forum on Law and Social Change and to the Dean of the Faculty, Lisa Raskin, for her interest and support. Contents Where (or What) Is the Place of Law? An Introduction Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey 1 Time against Territoriality: National Laws and Literary Translations Wai Chee Dimock 21 The Empty Place: Legal Formalities and the Cultural State Annelise Riles 43 The Architecture of Authority: The Place of Law in the Space of Science Susan S. Silbey and Patricia Ewick 75 Digital Networks, State Authority, and Politics Saskia Sassen 1o9 The Place of Cyberlaw Lawrence Lessig 131 Against Cyberspace Richard Ford 147 Contributors 181 Index 183