El legislador instituyente (de Rousseau) y las prácticas anti -copyright en internet, por Gary Hall

“Another way to think about the issue of piracy is in relation to the legislator in Rousseau’s The Social Contract. Here, too, we can never know whether the legislator—the founder of a new law or institution, such as a university, or indeed new way of being and doing as a theorist or philosopher—is legitimate or a charlatan. The reason for this is the aporia that lies at the heart of authority, whereby the legislator already has to possess the authority the founding of the new institution is supposed to provide him or her with in order to be able to found it. Certain so-called Internet pirates are in a similar situation to Rousseau’s legislator. They too may be involved in performatively inventing, trialing, and testing the very new laws and institutions by which their activities may then be judged and justified. As such, they can claim legitimacy only from themselves. This is a state of affairs that as well as marking their impossibility also constitutes their founding power, their instituting force. It is here, between the possible and the impossible, legality and illegality, that we must begin any assessment or judgment of them. And it should be noted that it is not just the potential pirates who may be legislators or charlatans. The current laws and institutions by which we might condemn Internet piracy as illegal are based on the same aporetic structure of authority. Such lawmakers are always also undecidably charlatans or pirates too (or hackers, in the case of Murdoch’s News International—now News UK).

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