Abstract
Abstract Is there such a thing as a ‘magico-juridical’ phenomenon, designating a threshold of indistinction between magic and law—that is, a phenomenon similar to the concept of the ‘magico-religious’? What prevents us from considering these two terms in relation? What do legal theory and religious studies gain by thinking in this way? Does this construction speak to our political and juridical order? Does it say anything about modernity and secularization? This article addresses some of these questions. It overviews part of the scholarship—from the early works of Marcel Mauss and Paul Huvelin to the most recent writings of Giorgio Agamben—and spotlights a critical realization: magic does not belong to a ‘primitive’ stage that law has overcome, but remains an inherent aspect of its current existence.
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