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87B Stud. L. Pol. & Soc'y 1 (2022)

handle is hein.journals/slps89 and id is 1 raw text is: CHAPTER 1 MY STORY, WHOSE MEMORY: NOTES ON THE AUTONOMY AND HETERONOMY OF LAW Stewart Motha ABSTRACT Reflecting on the myriad instances where juridical recognition demands a story, con- fession, testimony on suffering, or evidence of trauma - this chapter considers the role of storytelling and narrative in constituting the legal person, their persona, and relationship they have to a community or the state. What are the forces that drive the demand to give an account of oneself? What are the reasons for, and implica- tions of resisting the injunction to reveal all? Going beyond the usual bounds of juridically recognised testimony and evidence - the author considers how memory moves across time and space in human and non-human material formations. These questions are posed to open discussion of a wider concern about the autonomy and heteronomy of law. Looking beyond the separation of law and morality in positivist jurisprudence - the autonomy/heteronomy distinction is a means of getting at the co-constitution of the human and non-human. The discussion thus ranges across the philosophies of history that constitute autonomy/heteronomy - examining the ten- sion between confidential stories of those who have suffered abuse, and the state's archival drive to preserve such material; literary and metaphorical devices for nar- rating the past; and a consideration of nature and destruction where the human plays an infinitesimal part in making history. Keywords: Autonomy; heteronomy; legal person; A-G of Canada v. Larry Fontaine [2017] 2 S.C.R 206; colonial violence; slavery; philosophy of history; Walter Benjamin; Cornelius Castoriadis; Neil MacComick; W. G Sebald; Christina Sharpe Interrupting the Legal Person Studies in Law, Politics, and Society, Volume 87B, 1-18 Copyright © 2022 by Stewart Motha Published under exclusive licence by Emerald Publishing Limited ISSN: 1059-4337/doi:10.1108/S105943372022000087B001 1

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