A new nomos offshore and bodies as their own signs

Abstract

This paper begins with the paradoxes that accrue around the appearance of Robinson Crusoe and his “Man Friday” within recent judgments relating to the Chagos Archipelago. These references are understood as revealing the complex of anxieties and limits that are the final legacy of these rulings. In particular, we trace the ways in which – through Daniel Defoe's iconic characters – these judgments enact a troubling retreat from review of executive action, and a fuller withdrawal of sensibility from situations of “otherness” that both bear and cannot bear analogy to that of Friday. The paper then more briefly considers a similar complex of anxieties and limits, retreats and withdrawals enacted by recent judgments relating to Australian territory in the Indian Ocean. This allows us to suggest that between these two series of highest court rulings, the Anglophone common law is currently constructing the Indian Ocean as an offshore: a site excised from judicial review, and a site in which certain figures – peoples, individuals – are not considerable in both senses of the word. But in fathoming this, we turn to Derrida's insights on sovereignty to argue that, far from being new, this construction of a common law of the Indian Ocean tells us about the affront of an archaic sovereignty that always already determines and is determined by law. Across the arguments of this paper, these perceptions of judgment, geography and sovereignty are enabled by literature, and specifically by reading the return of Crusoe and Friday in a recent novel form (by J. M. Coetzee) that also broaches the limits of judgment and recognition, but through a kind of vigilant silence – an abstinence – that craves an alternative commonality: and in this very longing, resists the silencing complicities of the UK and Australian judgments with the disembodiment of a littoral nomos, offshore

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