Law & Literature最新文献

Snark Staring Mad Snark凝视狂

Law & Literature Pub Date : 2025-09-17 DOI: 10.1080/1535685x.2025.2532267

Elijah Z. Granet

引用次数: 0

Before Borders: A Legal and Literary History of Naturalization 在边界之前:入籍的法律和文学史

Law & Literature Pub Date : 2023-09-02 DOI: 10.1080/1535685x.2023.2246792

Sarah Raff

{"title":"Before Borders: A Legal and Literary History of Naturalization","authors":"Sarah Raff","doi":"10.1080/1535685x.2023.2246792","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2246792","url":null,"abstract":"Naturalization, the admittance of a foreigner as citizen or subject of a country, is a topic of obvious contemporary interest, for nationalism is on the rise, and the number of refugees displaced in the next thirty years by climate change may exceed two billion. Stephanie DeGooyer’s ambitious, dense, stylish legal and literary history of naturalization in England’s long eighteenth century aims to address our current need by “remind[ing] readers of certain resources in naturalization’s past that can be marshaled to fight against new forms of cultural nationalism” (172). Naturalization today, with its residence, language, and civic-knowledge requirements, may seem a coercive kind cultural integration: applicants must “adopt certain social and cultural characteristics” and endure what Lauren Berlant has called “self-erasure, self-transformation, and assimilation.” Eighteenth-century naturalization, by contrast, “did not require a foreigner’s acculturation or assimilation,” in DeGooyer’s view (91). Indeed, eighteenth-century writers such as Daniel Defoe envisaged a world in which “national identity can [... ] be changed as easily as a goatskin jacket” (97). The late-seventeenth and eighteenth century saw considerable legislative activity concerning naturalization. This was a period “before borders” in the sense that the borders of the state were not yet patrolled or closeable. However, unless they were able to naturalize, persons born outside England’s borders had to pay extra duties and were prohibited from bequeathing or inheriting English land. Complicating matters was England’s repeated joining with other countries and adoption of foreign rulers. As England’s feudal blood-and-soil-based notions of perpetual allegiance gave way to a new, voluntarist model of national belonging, John Locke and Daniel Defoe favored generous naturalization policies that they thought would increase England’s population, prosperity, and trade. Others, including Jonathan Swift, opposed such policies as liable to result in the squandering of national resources on indigents of dubious loyalty. Swift’s side won. In 1664, Parliament considered but did not pass a bill that would have granted universal naturalization to all comers, regardless of religion or national origin. In 1709, Parliament passed the Foreign Protestants Naturalization Act to attract French Huguenots, who were skilled weavers, only to repeal the Act two years later, so as to drive away thirteen thousand","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122679160","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}

引用次数: 0

The sentimental life of international law: literature, language, and longing in world politics 国际法的情感生活:文学、语言和对世界政治的渴望

Law & Literature Pub Date : 2023-09-02 DOI: 10.1080/1535685x.2023.2245670

Shane Chalmers

{"title":"The sentimental life of international law: literature, language, and longing in world politics","authors":"Shane Chalmers","doi":"10.1080/1535685x.2023.2245670","DOIUrl":"https://doi.org/10.1080/1535685x.2023.2245670","url":null,"abstract":"Never judge a book by its cover, it is said, and yet here is a book that can be – that even asks to be – judged by its title. The whole book is there in that line of words; not so much in what the words say, as in how they say it. Punctuation, after all – to recover a thought of Theodor Adorno’s in Simpsonian fashion – is the ‘sentimental life’ of writing. As “the marks of oral delivery,” punctuation gives written form to the voice of the author. At their best, these hieroglyph-like signs, which mimic the emotion of speech, allow a reader to encounter a written work with much of the “levity and depth” that one might experience in a human encounter. At worst, punctuation becomes the architecture of the “prison-houses, holding pens and detention centres of language itself” (2). Put another way, if punctuation marks are the “friendly spirits whose bodiless presence nourishes the body of language,” then a writer who does not pay attention to this will pay with malnourished thoughts, and – by titular extension – with anaemic, scurvied, emaciated international lawyers, laws and institutions. At least that is one way of reading the title of this book: there is a sentimental life to international law, which needs to be nourished, and nourished through care for its language. Easier said than done, except that it is not at all easily said. Around the same time that this book was in press, I was editing a volume that featured a chapter by Simpson, titled “the atomics” (a chapter that could be read as a prelude to the sentimental life of international law). During an early round of copy editing, the title was changed to “The Atomics.” When I received Simpson’s response to the edit, there was just one, brief comment, attached to the chapter title. “note to editor: please leave lower case.” As an early career academic, I had the wit to understand the gravity of the Professor’s note, and took personal responsibility for ensuring that the title remained lower case throughout the production process. The effort was like rolling the proverbial boulder uphill. Every time the chapter was sent off (for a second copy edit, for the proof copy) it came back capitalised. When I finally received the printed volume, the first thing that I did was check the title of Simpson’s chapter. That it was still set in lower case felt like an impossible achievement. It was only much later, after the champagne had been drunk, that I noticed the online version: “The atomics.” In the end the friendly spirit that winked mischievously from the title could not escape the prison guard of the publishing house. (It was only much later again, while writing this review, that I noticed that I was not alone in this failure. Look up the online version of the sentimental life of international law and you will see that it, too, has been clubbed into submission.)","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123502396","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}

引用次数: 0

Judgment 判断

Law & Literature Pub Date : 2023-08-29 DOI: 10.1080/1535685X.2023.2246791

P. Cochran

{"title":"Judgment","authors":"P. Cochran","doi":"10.1080/1535685X.2023.2246791","DOIUrl":"https://doi.org/10.1080/1535685X.2023.2246791","url":null,"abstract":"In Judgment, Thomas Giddens makes a creative and constructive contribution to the New Trajectories in Law series. Taking up the series’ crosscutting commitments to accessibility and criticality, Judgment enables readers to view “judgment” from multiple perspectives and to place those perspectives in intellectual and practical context. The book is both a pithy introduction to judgment and an intervention seeking to develop our capacity to draw on judgment in the service of transformative ideas and practices. Giddens approaches this subject matter – judgment in the context of common law legal traditions – in an expansive manner that includes judgment as a verb (procedure, practice, decision, performance, exercise of authority) and judgment as a noun (object of legal truth, source of precedent, instance of a literary genre). Throughout the book, Giddens moves back and forth between these two grammatical forms, explaining their connections while also demonstrating the importance of considering both. Ultimately, Giddens argues that “the work of judgment is something to be questioned, in multifarious ways, and is something that is never clear, never certain or given in advance – and never complete” (p. 100– 101). Giddens’ aim is to provide the reader with a collection of methods for","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126903462","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}

引用次数: 0

The Right to Not Cut Our Owne Throats with Our Tongues: Proverbial Roots of the Fifth Amendment 不用舌头割破自己喉咙的权利:第五修正案的谚语根源

Law & Literature Pub Date : 2023-05-18 DOI: 10.1080/1535685X.2023.2209444

José Manuel Pereiro Otero

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Challenging Nordic Exceptionalism: Norway in Literature by and about Irregular Migrants 挑战北欧例外论:非正规移民文学中的挪威

Law & Literature Pub Date : 2023-05-04 DOI: 10.1080/1535685X.2021.1930693

Annika Bøstein Myhr

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Colonial Law in India and the Victorian Imagination 印度的殖民法和维多利亚时代的想象

Law & Literature Pub Date : 2023-05-04 DOI: 10.1080/1535685X.2023.2207891

Piyel Haldar

{"title":"Colonial Law in India and the Victorian Imagination","authors":"Piyel Haldar","doi":"10.1080/1535685X.2023.2207891","DOIUrl":"https://doi.org/10.1080/1535685X.2023.2207891","url":null,"abstract":"The study of the role and functions of specific courts (at least those that exist above the system of Village Panchayats) has often been ignored in colonial history. Obviously, in literary theory attention might be paid to the workings of courts such as Chancery or the Old Bailey. In the Indian sub-continent, however, work has yet to be conducted on the particular courts that made up the hierarchy of British law. There is an important thesis near the heart of Neti’s book about the role of the Judicial Committee of the Privy Council in India (JCPC). Its origins are well known and up until the seventeenth century it formed an instrument of the Crown, through Royal prerogative, interfering in Common law decisions. Its demise as an active body in England was entwined with the rise of the modern executive state, the supremacy of parliamentary sovereignty and the triumph of an independent common law. Its revival as an appellate court for British colonies, possessions and miscellaneous settlements sits uncomfortably with this mythic narrative of an independent common law. Neti’s thesis is that the revival of the JCPC channelled through law a model of sovereign power (acting sub prerogativa as the Queen) and became more absolutist (page 3-4) even while articulating the values of the rule of law. Its specific jurisdiction, in India, articulated the constitutional disconnect between power and law, between Imperial command and paternal protection against abuses. This disparity between the exercise of common law in Britain and in India is instructive to the study of Victorian law and literature. Colonial law stood back from the domestic and theoretical norms of modern constitutionalism and looked to the medieval past for a model of absolutism. As Neti notes, this retreat into the gothic was mirrored in the literary arena. Law and literature sit ‘beside’ each","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114093934","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}

引用次数: 0

Earthbound: The Aesthetics of Sovereignty in the Anthropocene 地球:人类世的主权美学

Law & Literature Pub Date : 2023-05-04 DOI: 10.1080/1535685X.2023.2207889

Karen Crawley

{"title":"Earthbound: The Aesthetics of Sovereignty in the Anthropocene","authors":"Karen Crawley","doi":"10.1080/1535685X.2023.2207889","DOIUrl":"https://doi.org/10.1080/1535685X.2023.2207889","url":null,"abstract":"Contemporary critical thought is being reshaped in light of the planet’s ensuing climatological and ecological transformation and the idea that this will not be addressed or resolved within conceptual systems as we know them; that the modernist paradigms through which we understand our life on earth must be fundamentally re-thought. In his book Earthbound: The Aesthetics of Sovereignty in the Anthropocene, Daniel Matthews makes the case that rethinking sovereignty is central to this intellectual project. The legal and political forms of modernity, he observes, are organised around sovereignty, in which political community is attached to a territory (ignoring place, terrain, and the materiality of the earth), political power is vested in the people (to the exclusion of non-human actors), and ‘legal competencies and political allegiances are ordered at the scale of the nation state’ (9), ignoring other forms of community. Matthews’ key innovation is that the pervasive power of sovereignty to structure our conception of lawful and political relations must be understood not cognitively but aesthetically, understood via the Greek tradition of aesthesis as ‘describing the way in which we both “perceive” and “give meaning to” the world around us’, articulating a concern ‘with the manner in which we are rendered sensitive to given phenomena’ (8). Sovereignty, on Matthews’ definition, is ‘the predominant frame through which we perceive, order and give sense to forms of authority, human relations and indeed the earth itself.’ (7) Drawing on Jacques Ranci ere’s influential notion of ‘the distribution of the sensible’, Matthews argues that sovereignty, understood as ‘a framing device and a mode of perception,’ (7) works at somatic and affective registers to make us ‘sensitive, attentive or attuned to certain phenomena, whilst bracketing or keeping ‘offstage’ a range of other seemingly ‘non-political forces, spaces and actors’ (7). Matthews returns to the metaphor of theatre and its tropes (lights, onstage/offstage, dress rehearsal, and so on) throughout the book as a way of expressing his first major argument – that sovereignty-as-aesthetics is responsible for anaesthetising us to the realities of the new climatic regime, ‘alienating legal and political forms’ from the ‘the earthly forces’ (12) that so urgently need our attention. The constitutive dimensions of sovereignty depend on the circulation of specific appearances (in images, narratives and fictions), which in turn shape our","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129587417","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}

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Introduction: Writing Inheritance in European Literature 导论:欧洲文学中的写作传承

Law & Literature Pub Date : 2023-01-02 DOI: 10.1080/1535685X.2021.1902638

J. Ladegaard, Beth Cortese

引用次数: 1

“Twoo Muche Vayne and Idle Chardge”: The Precision of Inheritance in the 1601 Will of Bess of Hardwick “过多的浪费和多余的负担”:1601年贝丝·哈德威克遗嘱中遗产的精确性

Law & Literature Pub Date : 2023-01-02 DOI: 10.1080/1535685X.2021.1902639

Vicki Kay Price

引用次数: 1