For a Care Statute. A Collective Writing Proposal for a Legal Fiction with Real Effects

The study group Aesthetics of Peace and Tactics of Desertion: Prefiguring New Pacifisms and Forms of Transitional Justice proposes a rethinking—through both a theoretical-critical and historical-artistic lens—of the intricate network of concepts and practices operating under the notion of pacifism. A term not without contestation and critical tension, pacifism gathers under its name a multiplicity of practices—from anti-militarism and anti-war movements to non-violence activism—while simultaneously opening urgent debates around violence, justice, reparation, and desertion. Here, pacifism is not conceived as a moral doctrine, but as an active form of ethical and political resistance capable of generating aesthetic languages and new positions of social imagination.

Through collective study, the group seeks to update critical debates surrounding the use of violence and non-violence, as well as to explore the conflict of their representation at the core of visual cultures. In a present marked by rearmament, war, genocide, and the collapse of the social contract, this group aims to equip itself with tools to, on one hand, map genealogies and aesthetics of peace—within and beyond the Spanish context—and, on the other, analyze strategies of pacification that have served to neutralize the critical power of peace struggles. Transitional and anti-punitive justice proposals will also be addressed, alongside their intersections with artistic, visual, and cinematic practices. This includes examining historical examples of tribunals and paralegal activisms initiated by artists, and projects where gestures, imaginaries, and vocabularies tied to justice, reparation, memory, and mourning are developed.

It is also crucial to note that the study programme is grounded in ongoing reflection around tactics and concepts drawn, among others, from contemporary and radical Black thought—such as flight, exodus, abolitionism, desertion, and refusal. In other words, strategies and ideas that articulate ways of withdrawing from the mandates of institutions or violent paradigms that must be abandoned or dismantled. From feminist, internationalist, and decolonial perspectives, these concepts have nourished cultural coalitions and positions whose recovery today is urgent in order to prefigure a new pacifism: generative, transformative, and radical.

Aesthetics of Peace and Tactics of Desertion, developed and led by the Museo Reina Sofía’s Studies Management, unfolds through biweekly sessions from October to June. These sessions alternate between theoretical discussions, screenings, work with artworks and archival materials from the Museo’s Collection, reading workshops, and public sessions. The group is structured around sustained methodologies of study, close reading, and collective discussion of thinkers such as Judith Butler, Elsa Dorlin, Juan Albarrán, Rita Segato, Sven Lütticken, Ruth Wilson Gilmore, and Franco “Bifo” Berardi; historical episodes such as the anti-nuclear and anti-arms race movement in Spain; and the work of artists and activists including Rojava Film Commune, Manuel Correa and the Oficina de Investigación Documental (Office for Documentary Investigation), and Jonas Staal, among other initial cases that will expand as the group progresses.

As part of the Studies Constellation, the Study Directoship’s annual fellowship, art historian and theorist Sven Lütticken leads the seminar The (Legal) Person and the Legal Form: Theoretical, Artistic, and Activist Commitments to foster dialogue and deepen the hypotheses and questions driving his research project.

This project, titled Unacting Personhood, Deforming Legal Abstraction, explores the dominance of real abstractions—such as exchange value and legal form—over our processes of subjectivation, and asks how artistic practices can open up alternative ways of representing or performing the subject and their legal condition in the contemporary world.

The seminar consists of eight two-hour sessions, divided into three chapters throughout the academic year. While conceived as non-public spaces for discussion and collective work, these sessions complement, nourish, and amplify the public program of the Studies Constellation.

This first chapter of the seminar, composed of four sessions, serves as an introduction to the fundamental issues of the research concerning theoretical, artistic, and activist engagements with the legal form. It includes four sessions dedicated respectively to: the legal form, through the work of French jurist, philosopher, and lawyer Bernard Edelman, with particular attention to his Marxist theory of photography (translated into German by Harun Farocki); the (legal) person, via contributions from Italian philosopher Roberto Esposito, academic, social justice activist, and writer Radha D’Souza, and visual artist Jonas Staal; land, through the work of researcher Brenna Bhandar—specialist in the colonial foundations of modern law and the notion of property—and artist, filmmaker, and researcher Marwa Arsanios; and international law, through the work of British writer China Miéville.

Through these and other readings, case study analyses, and collective discussions, the seminar aims to open a space for critical reflection on the ways in which the law—both juridical form and legal form—is performed and exceeded by artistic and activist practices, as well as by theoretical and political approaches that challenge its foundations and contemporary projections.