Law and Literature最新文献

{"title":"Shakespeare’s Strangers and English Law <b> <i>Shakespeare’s Strangers and English Law</i> </b> , by Paul Raffield, London: Bloomsbury, 2023, 304 pp","authors":"Jessica Apolloni","doi":"10.1080/1535685x.2023.2268369","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2268369","url":null,"abstract":"","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135475837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mikhaïl Bakhtin and International Refugee Law: A Dialogic Approach to Treaty Negotiations and Cross-Cultural Legal Hearings","authors":"Robert F. Barsky","doi":"10.1080/1535685x.2023.2267260","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2267260","url":null,"abstract":"AbstractThe current catastrophes in the Ukraine and the Gaza Strip, and the ongoing calamities in Afghanistan, Haiti, Syria, Yemen, Iraq, Venezuela and elsewhere, all call out for a humanitarian approach to International Refugee Law (IRL). Rather than advancing towards this objective, the international community finds itself at an impasse, in which states act to enforce borders, repel potential asylum seekers, deny requisite visa and travel documents, and punish intermediaries. As a consequence, there are 35,000,000 people who have fled persecution in their country of origin in search of protection, and are currently in the limbo of refugee camps and border spaces, facing uncertain futures in potential host countries. This tragedy could be overcome if states would abide by the tenets of International Refugee Law (IRL) and, for those claimants who meet the conditions set forth by refugee treaties, provide a pathway towards protection and integration. In this article, I will offer a reading of Mikhaïl Mikhailovich Bakhtin’s work as a means of crafting an approach to understanding and applying the tenets of IRL, and in so doing make a contribution to the overlap between law and humanities.Keywords: lawhumanitiesBakhtinrefugeesdialogismnegotiations ACKNOWLEDGMENTSThis article is the product of many years of research, and advice and input from a wide array of extraordinary scholars, including Michael Holquist, Nikolaos Pavlopoulos, James Hathaway, Ed Rubin, Julian Mortenson, Danae Azaria, Debbie Anker, and Jim Silk. I’m grateful for the incredible support I’ve received from the Rockefeller Foundation, the Guggenheim Foundation, the SSHRC, and the Canada Research Chair program.Disclosure statementNo potential conflict of interest was reported by the authors.Notes1 Victor Erlich, “Russian Formalism,” Journal of the History of Ideas 34, no. 4 (October–December, 1973): 627–38.2 M. M. Bakhtin, Rabelais and His World. Translated by Helene Iswolsky (Bloomington: Indiana University Press, 2009).3 Julen Etxabe, “The Dialogical Language of Law,” Osgoode Hall Law Journal 59, no. 2 (Spring 2022): 429–516.4 Michael Holquist, Dialogism: Bakhtin and His World (London: Routledge, 2002).5 M. M. Bakhtin, “Discourse in the Novel,” in Dialogic Imagination (Austin: University of Texas Press, 1981), 271–2.6 M. M. Bakhtin, Speech Genres and Other Late Essays, 125.7 Bakhtin, “Discourse in the Novel,” 293–4.8 M. M. Bakhtin, “Author and Hero in Aesthetic Activity,” Art and Answerability 4 (1990): 23.9 See Amit Pinchevski, “Freedom from Speech (Or the Silent Demand),” Diacritics 31, no. 2 (Summer, 2001): 70–84, 74.10 Bakhtin, Speech Genres and Other Late Essays, 134–5.11 Michael Holquist, 21.12 Ibid., 22.13 M. M. Bakhtin, “The Problem of Speech Genres,” in Speech Genres and Other Late Essays, 126.14 M. M. Bakhtin, “Discourse in the Novel,” 340.15 Ibid., 340.16 Julen Etxabe, 431.17 Lawrence M. Solan and Tammy Gales, Corpus Linguistics as a Tool in Legal Interpretation, 2017 BYU ","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136261914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Certain Justice: Toward an Ecology of the Chinese Legal Imagination <b> <i>A Certain Justice: Toward an Ecology of the Chinese Legal Imagination</i> </b> , by Haiyan Lee, Chicago: University of Chicago Press, 2023, 352 pp","authors":"Teemu Ruskola","doi":"10.1080/1535685x.2023.2268371","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2268371","url":null,"abstract":"","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136261769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Orwell and Empire <b> <i>Orwell and Empire</i> </b> , by Douglas Kerr, Oxford: Oxford University Press, 2022, 205 pp","authors":"Jay Parker","doi":"10.1080/1535685x.2023.2268370","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2268370","url":null,"abstract":"Click to increase image sizeClick to decrease image size Notes1 Stephen Ingle, “The anti-imperialism of George Orwell”, Literature and the Political Imagination, ed. John Horton and Andrea T. Baumeister (London: Routledge 1996): 218–237.2 Douglas Kerr and Ivan Franceschini, “Orwell and Empire: A Conversation with Douglas Kerr”, The Asia-Pacific Journal 20, no. 16.5, (September 2022): 1–8.","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"41 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135268378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Mothers of Us All: Extracts, with comments, from the ‘Yellow Catalogue’ published by the Milan Women’s Bookstore","authors":"Angela Condello, Silvia Niccolai","doi":"10.1080/1535685x.2023.2263248","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2263248","url":null,"abstract":"AbstractThe present paper is Paper No. 1, and forms part of a series together with Paper No. 2 (From novels to figures: themes and strategies of a political practice – Part I), and Paper No. 3 (From novels to figures: themes and strategies of a political practice – Part II; Sexual difference: an occasion for being). Papers No. 2 and No. 3 are forthcoming in Law & Literature. The three papers constitute a whole project of translation and commentary composed of translated extracts from the “Catalogo n. 2 – Le madri di tutte noi,” published by the Milan Women’s Bookstore in 1982.The idea for the project was conceived by Silvia Niccolai and Angela Condello, who selected the extracts and provide the written commentaries on the original texts.The Catalogue, in which we find collective discussions, pages of personal diaries and, overall, the enterprise of a group of women debating over their literary symbolic mothers (who to read? And why?), is an fascinating example of the collective work of feminist groups of women, the themes they addressed and their methodology. In particular, the debate on the literary “mothers,” on the female authors that can contribute to the formation of a feminine symbolic, shows the kind of concerns of difference feminism in Italy (especially during the Seventies). The text offers, in other words, the opportunity to enter a world that nowadays – with the new, varied streams of feminism and the battles over the neutralization of sexual identity – is less frequent, and nevertheless we find it important in order to understand the social, political and cultural power of feminism.Keywords: Literaturefemale authorsItalian difference feminismMilan Women’s Bookstoresymbolic order DISCLOSURE STATEMENTNo potential conflict of interest was reported by the author(s).Notes1 The present paper, Paper No. 1 (In search of the feminine symbolic) is the first in a series of three texts, alongside Paper No. 2 (From novels to figures: themes and strategies of a political practice – Part I), and Paper No. 3 (From novels to figures: themes and strategies of a political practice – Part II; Sexual difference: an occasion for being). The three papers constitute a whole composed of translated extracts from the “Catalogo n. 2 – Le madri di tutte noi,” which appear below in italics, and published by the Milan Women’s Bookstore in 1982. Commentaries and introductions all appear in standard font. The idea for the project was conceived by Silvia Niccolai and Angela Condello, who selected the extracts and provide the written commentaries on the original texts. The underlined words in the translations reflect the choice to underline them in the original Italian text, written by the women collectively. The original texts were translated from Italian by Edward Fortes and Angela Condello.More specifically, Angela Condello wrote the commentaries for all the extracts contained in this Paper, No. 1; Silvia Niccolai commented on all the extracts contained in Paper No","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136209708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Getting Legal Reason to Speak for Itself: The Legal Form of the <i>Gutachten</i> and Its Affordances","authors":"Jacco Bomhoff","doi":"10.1080/1535685x.2023.2259670","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2259670","url":null,"abstract":"Roughly translatable as “expert memorandum,” the term Gutachten and its cognates refer to, at once, a textual format, a problem-solving technique, and a highly distinctive writing style at the heart of German law and legal education. This article is interested in what this format, technique, and style do, and in how they do it. To this end, it invokes the concept of affordances, to study the way the Gutachten’s formal characteristics are implicated in the production of legitimacy effects. The most important of these combine into a dual disappearance of both author and artefact. This leaves the abstract form of the Gutachten as a transparent and fractal rendering of legal reason itself. The article, finally, builds on this case study of a legal form central to German law and legal thought, to offer reflections on method for the comparative study of legal reasoning formats, techniques, and styles. The suggestion will be that grasping legitimacy effects and uncovering how they may help sustain local legal actors’ commitments to their reasoning tools, will require a cultural study of legal form, containing at least some moment during which critique is suspended.","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136211146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Complicity and the Colonial Force of Law in the Courtroom of Katie Kitamura’s <i>Intimacies</i>","authors":"Róisín Á Costello","doi":"10.1080/1535685x.2023.2257063","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2257063","url":null,"abstract":"AbstractThis article analyzes the account of the courtroom interpreter portrayed in Katie Kitamura’s novel Intimacies and argues that the book’s account presents the interpreter as an actor who must erase the subjective self in the service of advancing legally defensible narratives. The article contends that this vision of the interpreter, and the novel’s treatment of its judicial setting function as a critique of the colonial roles of law in both systemic and personal terms, and highlights the law’s pursuit, not of monolithic truths, but of procedurally defensible narratives.Keywords: Courtroom interpretationnarrativeobjectivitycolonialism DISCLOSURE STATEMENTNo potential conflict of interest was reported by the author.Notes1 Ludmila Stern, \"Courtroom interpreting,\" The Oxford Handbook of Translation Studies (Oxford University Press, 2011), 325; Elena M. de Jongh, \"Foreign Language Interpreters in the Courtroom: The Case for Linguistic and Cultural Proficiency,\" Modern Language Journal 75 (1991): 285.2 Hans Mikkelson, Court Interpreting at a Crossroads (1999), 1; Virginia Benmaman, \"Legal Interpreting: An Emerging Profession,\" Modern Language Journal 76 (1992), 445, 447.3 For a general description of the Court operation and the role of interpretation, see Francesca Gaiba, The Origins of Simultaneous Interpretation: The Nuremberg Trial (University of Ottawa Press, 1998), 69, and “Stars and Stripes” (20 November 1945) quoted in Ann Tusa and John Tusa, The Nuremberg Trial (MacMillan, 1983), 147.4 Katie Kitamura, Intimacies (London, UK: Jonathan Cape, 2021).5 Ibid., “Acknowledgements”.6 Ibid.7 The Rome Statute of the International Criminal Court, 17 July 1998.8 Attorney General v Adolf Eichmann, Case No. 40/61 (District Court of Jerusalem).9 State of Israel v Ivan (John) Demjanjuk, Case No. 347/88 (Supreme Court of Israel).10 Franz Pöchacker, \"Simultaneous Interpreting,\" The Oxford Handbook of Translation Studies (Oxford University Press, 2011), 276; Stern, “Courtroom Interpreting,” 331.11 Gaiba, The Origins of Simultaneous Interpretation: The Nuremberg Trial.12 Including consecutive interpreting in which chunks of text are spoken and then translated in full with a pause between each chunk, John Henry Dingfelder Stone, Court Interpreters and Fair Trials (Palgrave, 2018): 57–8.13 Pöchacker, “Simultaneous Interpreting,” 276–7.14 Stern, “Courtroom Interpreting,” 333.15 Agreement for the prosecution and punishment of the major war criminals of the European Axis (8 August 1945).16 See generally, Gaiba, The Origins of Simultaneous Interpretation: The Nuremberg Trial.17 “Germany: The Defendants” TIME Magazine, October 29, 1945, 38.18 Montgomery H. Hyde, The Life and Times of Lord Birkett of Ulverston (Random House, 1964), 521.19 Joseph E. Persico, Nuremberg: Infamy on Trial (Viking Penguin, 1994), 263.20 Francis Biddle, In Brief Authority (Doubleday, 1962), 398.21 Gaiba, The Origins of Simultaneous Interpretation: The Nuremberg Trial, 107.22 Hilary Gaskin,","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Portrait and Mugshot: Metonymical Foundation of Photographic Genres","authors":"Michaela Fišerová","doi":"10.1080/1535685x.2023.2213578","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2213578","url":null,"abstract":"AbstractThis article focuses on the genre distinction between artistic and legal photographs of faces: while the artistic portrait tends to express the singular soul of the person pictured, the biometric mugshot aims to scan singular physical traits without any psychological expression. How do these photographic genres allow us to identify the represented person? What do each of them seek to recognize? To grasp our metaphysical expectations of photographic technology, and thus to bridge the gap between discursive styles of these two photographic genres, I revise Derrida’s deconstruction of the law of genre. Further, I argue that Derrida’s and Nancy’s subversive readings of Kant’s concepts of parergon and schema help us to understand the rhetorical setting of the human mind, which organizes the photographic work of framing fragments. Finally, I explain the metaphysical conditions of possibility for both photographic genres by situating their opposite goals in the interval of personal recognition constructed by metonymical schematism.Keywords: photographygenreexpressionmetonymyrecognitionImmanuel KantJacques DerridaJean-Luc Nancy Notes1 This paper is the result of Metropolitan University Prague research project no. 93–01 “Political Science, Media and Anglophone Studies” (2022) based on a grant from the Institutional Fund for the Long-term Strategic Development of Research Organizations.2 See Kendall L. Walton, “Transparent Pictures: On the Nature of Photographic Realism,” Critical Inquiry 11, no. 2 (1984), pp. 246–277 and Catharine Abell, “The Epistemic Value of Photographs,” in Philosophical Perspecives on Depiction, eds. Catharina Abell and Katerina Bantinaki (Oxford: Oxford University Press 2010), pp. 81–103.3 The topic of photographic realism has been discussed many times in philosophy, aesthetics, and theory of art. Roland Barthes, among others, contributed to this discussion in his Camera Lucida, where he mentions the photographic imprint of light is capable of keeping us un touch with the past pictured. Not only it let us believe that “this-has-been,” it even produces illusion of emanation of the pictured events. See Roland Barthes, Camera Lucida. Note on Photography (New York: Hill and Wang 1981), pp. 80–81. Derrida himself admits that “It is in this way that I would be tempted to understand what Barthes called ‘emanation’. This flow of light which captures or possesses me, invests me, invades me, or envelops me is not a ray of light, but the source of possible view: from the point of view of the other.” Jacques Derrida, Bernard Stiegler, Echographies of Television (New York: Polity Press 2002), pp. 122–123. In this respect, Derrida shares with the late Barthes his suggestion of a double reception of photographic pictures, but instead of keeping Barthes‘conceptual polarity of studium and punctum as an unbridgeable binary opposition between the conventional and the dreamy mode of reception, he suggests understanding it as two poles delimitin","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135641652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethics and Law at Play on the Football Pitch","authors":"Giuseppe Rossi, Paola Carbone","doi":"10.1515/9783110496680-011","DOIUrl":"https://doi.org/10.1515/9783110496680-011","url":null,"abstract":"","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129986817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Narrators of Fables or Framers of the Constitution? The Acallam na Senórach Beyond Time, Place, and Law","authors":"M. Nicolini","doi":"10.1515/9783110496680","DOIUrl":"https://doi.org/10.1515/9783110496680","url":null,"abstract":"","PeriodicalId":360932,"journal":{"name":"Law and Literature","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127478426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}