Law & LiteraturePub Date : 2020-08-09DOI: 10.1080/1535685x.2020.1796254
James Gould
{"title":"David McIlroy, the End of Law: How Law’s Claims Relate to Law’s Aims, (Cheltenham: Edward Elgar, 2019) ISBN: 9781788113991, pp. 180","authors":"James Gould","doi":"10.1080/1535685x.2020.1796254","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1796254","url":null,"abstract":"","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130072136","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}
Law & LiteraturePub Date : 2020-07-26DOI: 10.1080/1535685x.2020.1776001
T. Paige
{"title":"Zombies as an Allegory for Terrorism: Understanding the Social Impact of Post-9/11 Security Theatre and the Existential Threat of Terrorism through the Work of Mira Grant","authors":"T. Paige","doi":"10.1080/1535685x.2020.1776001","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1776001","url":null,"abstract":"Abstract This paper seeks to understand the impact upon society of “security theatre”: being the proliferation of security legislation and processes, particularly in the context of airport security screening. Security theatre is a response to the ongoing threat of terrorist attack without warning since September 11, 2001. While as lawyers we have a clear understanding of the laws have been put in place in response to these issues, we often have very little real grasp of how these laws impact society at large. Responses to social change are often first documented in popular literature. This paper seeks to explore the social impact of security theatre through examining bestselling popular literature that was intended as an allegory of these issues. Thus, the approach taken is to use such literature as a sociological text to provide insight into social responses. To that end Mira Grant’s apocalyptic Newsflesh trilogy and interviews with Grant about these topics within the books will be analysed and explored with a view to understanding the social impact of security theatre. My hope that we gain greater insight into the social perception of these issues, and the ability to view them from a different perspective.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"386 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114901310","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}
Law & LiteraturePub Date : 2020-07-23DOI: 10.1080/1535685x.2020.1796260
Anastasia Tataryn
{"title":"BOOK REVIEW: Jean-Luc Nancy, Dies Irae, Edited by Angela Condello, Carlo Grassi and Andreas Philippopoulos-Mihalopoulos, University of Westminster Press, 2019, ISBN 978-1-912656-30-1 (paperback), £12.77, 107pp","authors":"Anastasia Tataryn","doi":"10.1080/1535685x.2020.1796260","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1796260","url":null,"abstract":"","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"310 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115913716","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}
Law & LiteraturePub Date : 2020-07-08DOI: 10.1080/1535685X.2020.1779513
J. Mácha
{"title":"The Logic of Exemplarity","authors":"J. Mácha","doi":"10.1080/1535685X.2020.1779513","DOIUrl":"https://doi.org/10.1080/1535685X.2020.1779513","url":null,"abstract":"Abstract The topic of exemplarity has attracted considerable interest in philosophy, legal theory, literary studies and art recently. There is broad consensus that exemplary cases mediate between singular instances and general concepts or norms. The aim of this article is to provide an additional perspective on the logic of exemplarity. First, inspired by Jacques Derrida’s discussion of exemplarity, I shall argue that there is a kind of différance between (singular) examples and (general) exemplars. What an example exemplifies, the exemplarity of the example, eludes any fixed identity and follows a logic of supplement. Second, I shall present the so-called logic of exemplarity. The received paraconsistent view has it that the exemplar of X is an X and, at the same time, is not an X. Inspired by Ludwig Wittgenstein’s discussion of the standard metre, I would like to present an alternative paracomplete view whereby we can say of an exemplar of X neither that it is an X nor that it is not an X.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128089674","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}
Law & LiteraturePub Date : 2020-06-02DOI: 10.1080/1535685x.2020.1766780
Alison W. Conner
{"title":"Justice and Law at the (1980) Chinese Movies","authors":"Alison W. Conner","doi":"10.1080/1535685x.2020.1766780","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1766780","url":null,"abstract":"This essay analyzes two of the most famous examples of Chinese “scar cinema,” movies that depicted the harsh realities of the political and cultural campaigns of the Cultural Revolution and the ter...","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124152201","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}
Law & LiteraturePub Date : 2020-05-18DOI: 10.1080/1535685X.2020.1754022
Stefanie Mueller
{"title":"The Silence of the Soulless Corporation: Corporate Agency in James Fenimore Cooper’s The Bravo","authors":"Stefanie Mueller","doi":"10.1080/1535685X.2020.1754022","DOIUrl":"https://doi.org/10.1080/1535685X.2020.1754022","url":null,"abstract":"Abstract Early nineteenth-century Americans, particularly during the Jacksonian Era, viewed corporations with caution since they were often associated with a dangerous centralization of power, feudal privilege, and even the threat of conspiracy. In The Bravo (1831), James Fenimore Cooper makes the protagonist of his tale such a “soulless corporation”. Set in the eighteenth century, it tells the story of the government of Venice, which has turned from a model republic into a corrupted oligarchy. This article maintains that Cooper’s novel thereby draws attention to the cultural anxieties surrounding the emergence of the private corporation aggregate in the United States and, by analyzing Cooper’s narrative strategy, points out the special challenges of narrating corporations: how their collective nature requires Cooper to find ways of representing corporate agency beyond embodiment in individual characters.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130717755","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}
Law & LiteraturePub Date : 2020-05-03DOI: 10.1080/1535685x.2020.1763598
Malte-C. Gruber
{"title":"Why Non-Human Rights?","authors":"Malte-C. Gruber","doi":"10.1080/1535685x.2020.1763598","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1763598","url":null,"abstract":"Abstract The common belief in the absolute justifiability and universal validity of human rights still confronts its own powerlessness today in the face of worldwide humanitarian catastrophes. Despite all of the recurring statements about the global protection of their human rights, the voices of the people affected remain unheard, and their legal position resembles a state of rights-deprivation and “bare life”. The legitimacy of these human living beings not yet protected by law cannot be established by the anthropocentric rhetoric of human rights ideologues. Instead, it requires the inclusion of associations of humans and things, of non-human living beings, and even of future generations. This is precisely where the chances of a re-humanization of the law lie, based on a posthuman “right to rights.”","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131383742","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}
Law & LiteraturePub Date : 2020-05-03DOI: 10.1080/1535685x.2020.1763588
K. Trüstedt
{"title":"Representing Agency: An Introduction","authors":"K. Trüstedt","doi":"10.1080/1535685x.2020.1763588","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1763588","url":null,"abstract":"Abstract This introduction examines the main premises and terms of the special issue: person, agency, and representation. It argues that representation and agency stand in an internal relation: There is no agent without its personification and no agency without its possible vicarious representation. Yet, personification and representation enable agency only by at the same time complicating the integrity, authority, and presence of the agent. The introduction elucidates the inherent and conflictual relation of representation and agency by means of three early modern scenes from theology, law, and literature, and offers a brief overview of the individual contributions.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123687189","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}
Law & LiteraturePub Date : 2020-05-03DOI: 10.1080/1535685x.2020.1763590
Rüdiger Campe
{"title":"Actor, Orator, Person: The Representation of Passion and the Passion of Representation in Hobbes’ Leviathan","authors":"Rüdiger Campe","doi":"10.1080/1535685x.2020.1763590","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1763590","url":null,"abstract":"Abstract The essay discusses personhood from the point of view of a critical history of representation and advocacy, focusing on Hobbes’s Leviathan, ch. I, XVI. Before introducing the constitutive concept of agency as based on the possession of one’s own words and deeds, Hobbes refers in the pre-conceptual genealogy of personhood to representation in theatrical and legal contexts. By discussing Hobbes’s chapter as well as representation in poetry (Horace) and rhetoric (Quintilian), the essay suggests reconceptualizing agency by taking such pre-conceptual practices into account.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127759642","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}
Law & LiteraturePub Date : 2020-05-03DOI: 10.1080/1535685x.2020.1763602
Anne Fleckstein
{"title":"Writing for Others in South Africa’s Truth and Reconciliation Commission","authors":"Anne Fleckstein","doi":"10.1080/1535685x.2020.1763602","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1763602","url":null,"abstract":"Abstract Truth Commissions are a global transitional justice instrument for dealing with past atrocities. The South African Truth and Reconciliation Commission, active from 1996 to 2002, is regarded to be an influential role model in this field for the way it put an emphasis on the publicity of the process. However, it also established a temporary, complex administration which processed many more cases of human rights violations than were publicly heard or seen. This led to the perception of two separate operative spheres: While the public proceedings were dominated by oral speech, the non-public procedures tended to be in written form. In order to establish institutional authority within the TRC, procedures that implemented triadic structures (like advocacy, representation, parrhesia, or translation) were of particular significance. One central operative feature emerged from the first encounter that a witness of human rights violations would have with the TRC when giving a statement: the situation of a statement taker writing down the oral statement given by a witness. The article claims that this transmission of oral knowledge is a specific variation of “advocacy” and could be termed “writing-for.” It amalgamates the triadic nature of advocacy (Campe) with the specific media technology of writing something down. The triad consists of the witness, the statement taker, and the statement form. The statement taking scene relied on a well-known aspect of the South African juridical administration, which is the Commissioner of Oaths. By adopting specific features of the Commissioner of Oaths and of affidavits, the testimony and the TRC gained authority. “Writing for others” served as a political form of care-taking, and authorized both the temporary institution and the testimony of the witness.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116599650","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}