The Eye Of The Law

Autor: Michael Stolleis
Publisher: CRC Press
ISBN: 1134028105
File Size: 74,68 MB
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Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.

Sensing Law

Autor: Sheryl Hamilton
Publisher: Taylor & Francis
ISBN: 1317282043
File Size: 46,95 MB
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A rich collection of interdisciplinary essays, this book explores the question: what is to be found at the intersection of the sensorium and law’s empire? Examining the problem of how legal rationalities try to grasp what can only be sensed through the body, these essays problematize the Cartesian framework that has long separated the mind from the body, reason from feeling and the human from the animal. In doing so, they consider how the sensorium can operate, variously, as a tool of power or as a means of countering the exercise of regulatory force. The senses, it is argued, operate as a vector for the implication of subjects in legal webs, but also as a powerful site of resistance to legal definition and determination. From the sensorium of animals to technologically mediated perception, the ways in which the law senses and the ways in which senses are brought before the law invite a questioning of the categories of liberal humanism. And, as this volume demonstrates, this questioning opens up the both interesting and important possibility of imagining other sensual subjectivities.

Religion Race Rights

Autor: Eve Darian-Smith
Publisher: Bloomsbury Publishing
ISBN: 1847317316
File Size: 37,98 MB
Format: PDF
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The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads to a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.

Law And The Visual

Autor: Desmond Manderson
Publisher: University of Toronto Press
ISBN: 1442630310
File Size: 44,72 MB
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In Law and the Visual, leading legal theorists, art historians, and critics come together to present new work examining the intersection between legal and visual discourses. Proceeding chronologically, the volume offers leading analyses of the juncture between legal and visual culture as witnessed from the fifteenth to the twenty-first centuries. Editor Desmond Manderson provides a contextual introduction that draws out and articulates three central themes: visual representations of the law, visual technologies in the law, and aesthetic critiques of law. A ground breaking contribution to an increasingly vibrant field of inquiry, Law and the Visual will inform the debate on the relationship between legal and visual culture for years to come.

Intersections Of Law And Culture

Autor: Priska Gisler
Publisher: Springer
ISBN: 1137285001
File Size: 20,98 MB
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An inter-disciplinary, international collection that examines the mutual influences between law and culture through a series of sophisticated case studies showing how cultural phenomena are brought under legal regulation, how laws are resisted through cultural practices, and how those practices shape the way in which law is understood and applied.

Law Culture And Visual Studies

Autor: Anne Wagner
Publisher: Springer Science & Business Media
ISBN: 9048193222
File Size: 62,35 MB
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The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia

Law Memory Violence

Autor: Stewart Motha
Publisher: Routledge
ISBN: 1317569210
File Size: 28,51 MB
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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Chinese Law

Autor: Deborah Cao
Publisher: Routledge
ISBN: 1351951971
File Size: 37,60 MB
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Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.

Theatre Of The Rule Of Law

Autor: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
File Size: 71,93 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

Constitutional Theory Schmitt After Derrida

Autor: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866400
File Size: 49,65 MB
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This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Kh?ra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.