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CHAPTER 5
SOVEREIGN IMAGES AND
CONTESTED JURISDICTIONS:
LEGAL PERSONHOOD IN BRITISH
COLUMBIA COLONIAL LAW AND
THROUGH THE WRIT OF HABEAS
CORPUS
Matthew P. Unger
ABSTRACT
Law requires translations in order to make the mundane world legible to the
legal sphere. This translation requires transposing an infnite landscape of ethi-
cal possibilities into a set number of categories, modes of speech, reasoning,
and histories. The body represents both a challenge to this translation while
illuminating the historical contingency of the contaminants that ineluctably
shape law’s responsiveness. This chapter is concerned with the way the fg-
ure of the body in law acts as a kind of absent presence through the writ of
habeas corpus, what Roberto Esposito (2015) calls ‘the silent mechanism that
facilitates the passage from one mechanism to another through the chain of
symbols engendered by its very presence’. The author would like to trace this
chain of symbols which permits the passage from differing legal mechanisms
through the history of the writ of habeas corpus to examine how it served as
one vehicle through which law established predominance in Colonial British
Columbia. Through British Columbia colonial legal history, this chapter will
examine how Habeas corpus was used to more than merely seize jurisdiction
Interrupting the Legal Person
Studies in Law, Politics, and Society, Volume 87B, 73–86
Copyright © 2022 by Matthew P. Unger
Published under exclusive licence by Emerald Publishing Limited
ISSN: 1059-4337/doi:10.1108/S1059-43372022000087B005