Deleuze & Guattari

Emergent Law

Jamie Murray

• Publisher: Routledge-Cavendish
• Year: 2013
• ISBN:
  9781136659294
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Deleuze & Guattari: Emergent Law is an exposition and development of Deleuze & Guattari's legal theory. Although there has been considerable interest in Deleuze & Guattari in critical legal studies, as well as considerable interest in legality in Deleuze & Guattari studies, this is the first book to focus exclusively on Deleuze & Guattari and law. Situating Deleuze & Guattari's engagement with social organisation and legality in the context of their theory of 'abstract machines' and 'intensive assemblages', Jamie Murray presents their theory of law as that of a two-fold conception of, first, a transcendent molar law and, second, an immanent molecular emergent law. Transcendent molar legality is the traditional object of legal theory. And, as explicated here, immanent molecular emergent law is the novel juridical object that Deleuze & Guattari identify. Developing this conception, Deleuze & Guattari: Emergent Law draws out its implications for current and for future legal theory; arguing that it provides the basis for a new jurisprudence capable of creating new concepts of legality.

Chapter 1

Professor Challenger’s Lecture on the Earth

The earth, the glacial, is Deterritorialisation par excellence: that is why it belongs to the Cosmos, and presents itself as the material through which human beings tap cosmic forces. We could say that the earth, as deterritorialised, is itself the strict correlate of D to the point that D can be called the creator of the earth – of a new land, a universe, not just a reterritorialisation.

(D&G (1988) 509 (561))

Introduction

Professor Challenger was here to introduce the Deleuze & Guattari ontology of the virtual, intensive and actual modalities of the becoming and being of the earth.

Professor Challenger began. The earth is planomenon, ecumenon and mechanosphere, and the only way to live now on earth is an ecology of the virtual and the intensive.

The planomenon is the virtual modality consisting of problematics and problems, becomings, abstract machines, multiplicities and the plane of immanence. As planomenon the earth is directly part of the cosmos and the cosmic plane of immanence. The ecumenon is the actual modality of extensive structures and entities, unified by molar machines whereby matter is submitted to identity and laws in a transcendent plane of organisation. As ecumenon the earth is the actual and extensive earth of stratifications, codings and territories. The mechanosphere is the intensive modality of the immanent operation of the self-posing problems, machinic phylum and intensive machinic assemblages in a morphogenetic field. The mechanosphere earth is the operation of self-organisation and emergence in materiality in far-from-equilibrium and non-linear processes. The intensive morphogenetic field operates between the virtual plane of immanence and the actual transcendent plane of organisation. The plane of immanence doubles the transcendent plane of organisation, and it is the virtual modality that has created the actual modality through the intensive morphogenetic field. The ecology of the earth connects the planomenon, mechanosphere and ecumenon of the earth together in a fractal line of becoming that is absolute deterritorialisation as the creation of the new in eternal return.

This Deleuze & Guattari theorisation of the earth would require an orientation of theoretical frameworks to ideas from mathematics and from physics. In particular, the virtual requires a theory of multiplicities in terms of manifolds, differential relations and singularities. The intensive register of the morphogenetic field requires an understanding of phase space and phase space portraits for modelling self-organisation and emergence in assemblages.

The fractal abstract machine and the cosmic plane of immanence earth

What is crucial to the Deleuze & Guattari philosophy is that their ontology is not simply of being and the actualised world. It is not an ontology of the actual and the possible. Instead, their ontology puts forward two further ontological registers of the virtual and the intensive. The virtual modality is developed in order to account for features of the actualised world and features of intensive processes that can sometimes intrude in to the actualised world. However, the virtual (and the intensive) is completely real. Thus, the virtual ontological modality is real but not actualised (D&G (1994) 208–9). There is a reality of the virtual that would need to be explored in order to follow Deleuze & Guattari. This earth is the cosmic earth, because the virtual ontological modality is how the earth participates in the cosmos.

The reality of the virtual is self-posing problematics and problems in differential relations and elements. There are many other key features of the virtual such as abstract machines, multiplicities and the plane of immanence. However, coming to terms with the virtual modality rests in the virtual as the problematics, problems, and differential relations as the virtual earth of the greatest decoding and deterritorialisation of the actual earth. In order to understand this reality of the virtual and the planomenon earth, the chaos from which the virtual self-organises and emerges requires consideration.

It is from a cosmic chaos that both the intensive mechanosphere and the actualised ecumenon have self-organised and emerged, but it is all through the virtual that chaos has become consistent chaosmos, with the virtual retaining a very close relation to chaosmos. The creative cosmic chaos is not characterised by disorder or a void of nothingness, and chaos is not ‘a chaotic white night or an undifferentiated black night’ (D&G (1988) 70 (78)). Rather, the creative cosmic chaos is characterised by a hyper-differentiation that is in infinite variation. In this chaos of hyper-differentiation that varies at infinite speed there is a movement in which continuously every potential form takes shape but which also vanishes instantaneously: ‘chaos is an infinite speed of birth and disappearance… containing all possible particles and drawing out all possible forms, which spring up only to disappear immediately, without consistency or reference, without consequence’ (D&G (1994) 118). Every permutation of the forces of the cosmos churn in this chaos, and every permutation of universes churn in this chaos of multiverses.

It is from this chaos of forces that the virtual self-organises and emerges in the drawing of a plane of consistency that renders chaos consistent (D&G (1994) 156). In this consistent chaos it is the differential relations and elements of the hyper-differentiation and the play of repetitions of the infinite variation that self-organise and emerge. The virtual operates with these differential relations and elements and their variations to connect flows of these elements, relations and variations that draw forward from the flows distributions of ordinary and singular points. In the instantaneous rates of change of the differential relations there are vectors that develop the virtual singular points and bifurcation thresholds (Deleuze (1994) 208–9). The singular points are those that operate as attractors in some manner for the connected differential flows or as bifurcation thresholds for the connected differential flows. These attractors and bifurcation thresholds are the organisation of difference in itself and continuums of pure differences (Deleuze (1994) 182). These singular attractors and bifurcation thresholds are virtual and are not actualised, and provide information about the connected differential relations and elements. Thus, ‘the reality of the virtual consists of differential elements and relations along with the singular points that correspond to them’ (Deleuze (1994) 208).

In addition, the connecting of the differential flows may develop multiple connections, relations and elements. These connections of multiple differential flows produce an aggregate of differential flows in which some flows will affect other flows, and in which some flows will be affected by other flows. These relations of affecting and being affected in the multiple differential flows are self-organising and emergent capacities of the connected flows and are virtual capacities (it is not an issue of emergent properties). Thus, the virtual differential relations operate not only with both singular attractors and bifurcation thresholds but also emergent capacities to affect and be affected. These self-organising connections and emergent capacities add information and virtual complexity to the related differential flows, together with adding virtual dimensions of degrees of freedom to the connected differential flows.

This reality of the virtual of differential relations in variation, singularity attractors, bifurcation points and emergent capacities are developed by Deleuze & Guattari in a theory of multiplicities that will be taken up in a little while, but at this point it is instructive to return to the connected reality of the virtual of self-posing problematics and problems: ‘the virtual possesses the reality of the task to be performed or a problem to be solved’ (Deleuze (1994) 212). The churn of self-organisation and emergence in differential relations in continuous variation of attractors, bifurcations and emergent capacities is the virtual self-posing of problematics and problems. For Deleuze & Guattari a problematic and a problem are defined precisely by a consistent distribution of the singular and the ordinary as the conditions of that problematic and problem. A problematic and a problem are the self-organising posing of a consistent distribution of singular and ordinary points, the thresholds at which the problematic and the problem changes, together with the problematic’s and problem’s problem space of the emergent capacities of the consistent distribution of singular and ordinary points. Thus, problematics and problems have a distribution of attractors and bifurcation thresholds, and have multi-dimensional problem space manifolds of these distributions and thresholds. The problematic of the virtual, and the basis of which it self-organises and poses all its virtual problems, is the problematic of how to hold things together, how to organise matter-energy flows, and the problematic of creation. The earth as virtual planomenon is the ontological modality of the earth ceaselessly writing in the real of the continuously respecifying problematic of how to create. The geology of the earth and the earth’s massive exploration of evolution of organic life has been the ceaseless writing in the real of the problematic of how to hold things together and to create, with the earth’s archaeological record merely scraps of rough drafts of the exploration of the problematic of creation. In this, the planomenon earth participates in the cosmic problematic of how to hold the cosmos together and of cosmic creation.

In the ontology of the virtual, the operation of the self-organisation in the connecting of differential flows and the self-organising of the distribution of the singular and ordinary points is the abstract machine. The virtual abstract machine is the operation of the virtual. The abstract machine connects the virtual attractors into virtual multiplicities, renders chaos consistent and drawing a plane of consistency amongst all the virtual multiplicities. As such, the abstract machine operates with unformed matters and nonformal functions, and connects diagrams for the organisation of processes of creation of actual entities. In addition, the abstract machines sample actual states of affairs and intensive morphogenetic processes to extract events to continually respecify the virtual plane of immanence and multiplicities. In terms of the reality of the virtual as the self-posing of problematics and problems it is the abstract machine that is the exploration of the problematic and of the posing of new problems.

It is the abstract machine that works on the differential flows to draw out attractors and to connect them into multiplicities with emergent capacities. The abstract machine produces conjunctions of the flows and emits continuums of intensity so drawing out the singularities from the differential flows. On the basis of the instantaneous rates of change of the differentials flows, the abstract machine draws from the vector field the singular attractors of the flows. These attractors may be whole dimensionality point or cycle attractors, although the creativity and self-organising emergence of new capacities of the virtual is the result of chaotic fractal attractors immanent to the chaotic churn of the virtual. The abstract machine connects convergent and divergent heterogeneous series of these attractors and operates to develop the distribution of those attractors in the new series (D&G (1988) 70 (78)). The emergence of virtual attractors is then developed by the abstract machine in connecting a distribution of singularities through the self-organising of an immanent dynamic consistency amongst the singularities by virtue of the immanent connections of the singularities. The self-organising consistencies of the singularities bring forth emergent capacities that are abilities to affect and be affected and degrees of freedom of the singularity distribution. The abstract machine selects those distributions of dynamically consistent singularities and thereby produces the emergence of virtual multiplicities. The full definition of virtual multiplicities can then be put forward. Virtual multiplicities are abstract machine-produced immanently consistent distributions of singularities drawn from differential elements and relations, thresholds of transformation for that multiplicity, and emergent capacities to affect and be affected. The tendencies of the virtual multiplicity are the singularity distribution and the capacities of the virtual multiplicity are dimensions of the manifold of this distribution. The virtual multiplicities thus have dimensions in terms of their emergent capacities. However, these dimensions are dimensionally flat in that they occupy all the dimensions without being embedded in a higher dimensionality. Virtual multiplicities are also in continuous variation by virtue of their consistency of organisation as a dynamic immanent line of flight (D&G (1988) 483 (533)).

In this manner, the abstract machine operating with the forces of chaos immanently brings forth virtual multiplicities. However, the rendering of chaos consistent requires a second operation of the abstract machine of drawing a plane of immanence. The abstract machine further makes connections between all the multiplicities and draws a plane of immanence. To render chaos consistent the abstract machine connects a multiplicity to another multiplicity, and connects multiplicities to more than one multiplicity. The virtual is, thus, not a chaotic virtual, but a virtuality that has become consistent and an entity formed on the plane of immanence that sections chaos. This connecting of the multiplicities by the abstract machine is again through the machining of a dynamic immanent consistency between the multiplicities and selected on the principle of always connecting the multiplicities in a manner that increases the connections. The abstract machine draws the plane of immanence as the continuum of all the virtual multiplicities. The plane of immanence, therefore, has as many dimensions as all the dimensions of the virtual multiplicities from which it is dynamically meshed together as consistency. The immanent plane of consistency is a flat massively multi-dimensional plane that does not have a supplementary dimension to that which transpires on it (D&G (1988) 266 (293)).

The plane of immanence is connected together though a consistency in continuous variation. This meshing together of the virtual multiplicities into the plane of immanent consistency is in continuous variation organised on a fractal line of becoming which draws the plane and connects all the multiplicities. The fractal line connects the multiplicities as a line of flight and as the outside: ‘The virtual earth is the plane of immanence as the Outside’ (D&G (1988) 510 (561)). On the fractal line the multiplicities change, and connect with other multiplicities. The abstract machine operates as the fractal line that meshes all the virtual multiplicities in a point of survey of infinite speed and infinite range. In this the fractal line is a line forming a plane. Thus, all the virtual multiplicities flatten on a single plane of consistencies of exteriority (D&G (1988) 9 (9)). The plane of consistency is a ‘flat multiplicity [that] is a line that fills a plane without ceasing to be a line’ (D&G (1988) 488 (537)).

The organising fractal line of the plane of consistency selects only the virtual organisation of multiplicities that increase the connectivity of the immanent plane of consistency and leads to the development of the organising selection process of the eternal return. In the plane of consistency all the virtual differences and events are brought together and new connections machined between the differences and events, and old connections are continually dissolved. It is the selection of only that which creates an ever-increasing number of connections amongst the virtual multiplicities (D&G (1988) 508 (559)).

Thus, the three key features of the ontology of virtual are the abstract machine, the virtual multiplicities and the plane of immanence. The abstract machine and the plane of immanence operate with singularities, multiplicities, consistencies, and the fractal line of the eternal return. The virtual has many abstract machines working the plane of immanence, and the plane of immanence has many more features than a fractal consistency of multiplicities. The virtual is continually extracting events from the actual and intensive earth, and the abstract machines work with unformed matters as well as nonformal functions, and the plane of immanence is populated by more than virtual singularities.

Thus, the abstract machines combine emissions of particles and particle signs, and the virtual organisation of unformed matters and nonformal functions. The abstract machine, however, only works with deterritorialised traits of expression and traits of content. The traits of content are matter having only degrees of intensity, speeds or slowness; the traits of expression are only tensor operations akin to musical and mathematical writing (D&G (1988) 141 (156)). The unformed matters are intensities of capabilities and materials, and nonformal functions that are tensors, becomings, transformations, affects and traits of expression. With the abstract machine as pure matter-tensor, this is a writing at the level of the virtual that is a material writing of the real, ‘it is no longer even possible to tell whether it [real writing] is a particle or a sign’ (D&G (1988) 141 (156)). The abstract machine establishes connections and operates as a diagram for an assemblage made up of forms and substances, and expression and content.

Thus, the plane of immanence is the plane of the unformed and unorganised, the nonstratified and destratifed, subatomic and submolecular particles, pure intensities and free singularities (D&G (1988) 43 (49)). On the plane of immanence ‘a semiotic fragment rubs shoulders with a chemical interaction, an electron crashes into a language, a black hole captures a genetic message, a crystallisation produces a passion, the wasp and the orchid cross a letter… all that consists is Real’ (D&G (1988) 69 (77)).

As the abstract machines connect with matter-energy flows they pilot processes of self-organisation and emergence. Abstract machines are virtual multiplicity diagrams for intensive processes of organisation and emergence and for the creation of actualised organisation and entities. Abstract machines are ‘engineering diagrams defining the structure generating processes that give rise to more or less permanent forms but are not unique to those forms’ (D&G (1988) 40 (44)). To the real problems of creation undertaken by the earth, abstract machines are the virtual diagrams for the intensive processes of bringing an actual entity into existence.

Abstract machines further operate in the virtual to extract events and singularities from intensive far-from-equilibrium processes and actualised states of affairs. These are abstract machinic operations of sectioning and sampling the intensive and actual, and they operate to realign and inform the operation of the virtual plane of consistency and virtual multiplicities and inject events into the virtual to inform its continuous variation and respecification. The abstract machines operate a counter-actualisation, extract virtual events from intensive processes and the actual strata of expression and content, form and substances, in order to give them consistency. The extraction operation recovers a full multiplicity from a spatio-temporal actualisation, and extracts information in complex topological shapes. The abstract machine only takes from the actual causal event the dimensionality of the state space, and its topological invariants and distribution of singularities (D&G (1988) 70 (78)).

It is virtual abstract machines that explore and answer the virtual problematic of how to create something, how to organise something, and of what holds something together. The cosmos is the self-organisation and emergence in response to the virtual problematic of creation and the exploration of the virtual problem field.

Together with all these features of the abstract machine and the virtual, all molecular and supermolecular abstract machines are defined by their lines of flight. The abstract machine is the machining of an immanent consistency in continuous variations, and thus the consistency of the abstract machine is in its line of flight of decoding and deterritorialising. The consistency of plane of immanence abstract machines is in their transformations and novel connections with other lines of flight. The abstract machine of the plane of immanence is also defined by its line of flight. The virtual abstract machine is the fractal line of flight that connects all the multiplicities and which draws the plane of immanence itself as a fractal dimensional plane in continuous variation. This abstract machine of the fractal plane of immanence, which extracts events from the intensive and the actual to respecify the virtual problematic, selects only those new arrangements of events that create new virtual multiplicities that increase the connectivity of the plane of immanence. The intensive and particularly the actual are redundancy in relation to the problematic of organisation and creation. What does return from the virtual to the intensive and actual in the selections of the virtual abstract machine of the plane of immanence is experimentation on the problematic, the increase in connectivity of the plane of immanence, and the creation of t...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Dedication
• Contents
• Acknowledgements
• Key References
• Introduction
• 1 Professor Challenger’s Lecture on the Earth
• 2 To Engender Thinking Within Thought (Dr Nome Has the Brain Problem)
• 3 Workshop on Social Machines and Social Assemblages with Caprica Six (Eternal Return)
• 4 Four Laws: From the Ecumenon to the Planomenon
• 5 Emergent Law: Schizo Lawyer and Vagabond Lawyer
• 6 A Legality for a New Earth: Ecology of the Virtual and Intensive Earth
• Bibliography
• Index