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Empirical Validation Experimental Justice and Legal Poetics Beyond the Initial Domain of Application

Zaichenko, Vladimir
PhilArchive · Papers
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philosophy
This paper examines the diagnostic and explanatory capacity of the frameworks designated as experimental justice and legal poetics through their application to an unintended empirical event: the peer-review process of a theoretical manuscript. By treating reviewer reports not as administrative decisions but as empirical data, the study identifies a specific apperceptive effect operating within contemporary academic discourse. The analysis reveals two symmetrical forms of cognitive resistance. In the first, a theoretical model is perceived as an “insightful description of immediate reality,” thereby losing its status as theory. In the second, the same model is reduced to an alleged deficiency in formal bibliographic compliance. The paper argues that the attribution of “heterodoxy” to such work arises from a paradoxical form of success: when a theoretical model accurately anticipates or coincides with the historical materialization of its object, it becomes so self-evident to the observer that it ceases to be recognized as theoretical at all. The study concludes that legal poetics provides an effective methodological instrument for identifying and analyzing these institutionalized blind spots, in which the apparent immediacy of an artifact obscures the logic of its own construction.
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