Law & Literature最新文献_第8页

BOOK REVIEW: Nicole Mansfield Wright, Defending Privilege: Rights, Status, and Legal Peril in the British Novel (Baltimore: Johns Hopkins University Press, 2020) ISBN: 9781421433738, pp 210 书评:妮可·曼斯菲尔德·赖特，《捍卫特权:英国小说中的权利、地位和法律危险》(巴尔的摩:约翰·霍普金斯大学出版社，2020)ISBN: 9781421433738，第210页

Law & Literature Pub Date : 2021-01-06 DOI: 10.1080/1535685X.2021.1872947

A. Hepburn

引用次数: 0

Mythology of the Rule, Mythology of the Exception 规则的神话，例外的神话

Law & Literature Pub Date : 2021-01-05 DOI: 10.1080/1535685X.2021.1847793

J. Gilbert

引用次数: 0

In Quest of Sense. The Way Towards an Aesthetics of Law through Law and Humanities 寻找理智。从法学与人文学科走向法律美学之路

Law & Literature Pub Date : 2020-12-10 DOI: 10.1080/1535685X.2021.1847795

M. Mittica

{"title":"In Quest of Sense. The Way Towards an Aesthetics of Law through Law and Humanities","authors":"M. Mittica","doi":"10.1080/1535685X.2021.1847795","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1847795","url":null,"abstract":"Abstract In the context of an epistemological revolution that subverts traditional juridical science, and that places “feeling” at the center of the reflection on the homo juridicus, Aesthetics opens a path to a more complex elaboration of sense that guides human behavior. The general goal of this article is to contribute to the development of an Aesthetics of Law that uses Law and Humanities as a methodology addressed primarily to jurists to experience sense. More specifically, my first aim is to clarify the concepts of sense and form that interest us, by holding together both the rational qualities and the affective and sensory feelings of human intelligence that influence the experience of living. Moreover, I intend to highlight the link between Ethics and Aesthetics and between feeling and law, to approach legal norm as an aesthetic object, as a form open to the quest for sense, where the quest for sense is a search for justice and the common good. Finally, I propose an exercise of Law and Humanities, imagining two encounters experienced in front of the Annunciation by Beato Angelico and the Annunciation of Mary by Rainer Maria Rilke, respectively, to show how jurists can cultivate their sensibilities through contact with artworks.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"79 5 Pt 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121918703","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: 1

The Reflexivity of Law and of Literature 法律与文学的反身性

Law & Literature Pub Date : 2020-12-10 DOI: 10.1080/1535685X.2021.1847790

Tommaso Gazzolo

{"title":"The Reflexivity of Law and of Literature","authors":"Tommaso Gazzolo","doi":"10.1080/1535685X.2021.1847790","DOIUrl":"https://doi.org/10.1080/1535685X.2021.1847790","url":null,"abstract":"Abstract “As observed by Hart in the opening lines of The Concept of Law, «few questions concerning human society have been asked with such persistence and answered by serious thinkers in so many diverse, strange, and even paradoxical ways as the question 'What is law?'». The question What is Law? has a profoundly different meaning for a jurist than the question What is Chemistry? for a chemist. The reason is that law would not be possible, it would not even exist, without the question What is Law?. Law, in other words, exists only through the question through which it interpellates itself. Law does not institute itself, it does not exist, outside the question on what it is, on what makes it what it is. A similar claim can be made for literature. Literature is nothing but the question What is Literature? – at least since, as observed by Maurice Blanchot, Mallarmé wondered Quelque chose comme les Lettres existe-t-il?: «this question is literature itself» when literature has become a concern for its own essence . It is this reflexive movement – such that law and literature do not get to institute themselves without the question on themselves – that must be examined, to indicate the point where their separation, their distance, remains radical”.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115661030","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

Legal Perspectives on the Method of Myth 神话法的法律视角

Law & Literature Pub Date : 2020-12-02 DOI: 10.1080/1535685X.2021.1847786

A. Campo

引用次数: 0

Transgression and Individuation. Proximities between Law and Literature 越轨与个性化。法律与文学之间的接近

Law & Literature Pub Date : 2020-12-02 DOI: 10.1080/1535685X.2021.1847788

A. Condello

引用次数: 0

The Map of a Forbidden Journey: Derrida Before the Law of Kafka 禁忌之旅的地图:卡夫卡法律之前的德里达

Law & Literature Pub Date : 2020-11-09 DOI: 10.1080/1535685X.2021.1847785

A. Andronico

引用次数: 0

Law, Queer Performance and the Bat: Cassandra Cain as Becoming More 劳，酷儿表演和蝙蝠:卡桑德拉凯恩成为更多

Law & Literature Pub Date : 2020-10-27 DOI: 10.1080/1535685X.2020.1830501

Sasha Purcell

{"title":"Law, Queer Performance and the Bat: Cassandra Cain as Becoming More","authors":"Sasha Purcell","doi":"10.1080/1535685X.2020.1830501","DOIUrl":"https://doi.org/10.1080/1535685X.2020.1830501","url":null,"abstract":"Abstract This paper argues that the comic book character Cassandra Cain is representative of a queer performance of identity as shaped by the authority of law. This is argued through visual jurisprudence and queer theory as seen in the form of a superhero comic book. The first section argues that queer theory has identified a legal binary and the emerging breakdown of that binary through the methods of representing and interpreting the law. This is done by analysing queer theory, visual jurisprudence, and their connection to comics and graphic novels. The second section argues that the Batman franchise, its meta-text, and characters, such as Cassandra Cain, engage with these legal binaries and their breakdown. By emphasising the dual-identity of characters and the role of family, it argues that the meta-text allows new stories to engage with contemporary legalities and its effect on identity. The third section argues that Cassandra, in Batman Detective Comics Volume 3 – League of Shadows, 1 is performative of queer jurisprudence through both textual and visual elements. In particular she is performative of a breakdown of binaries in her attempts to transcend their structure, becoming more than a passive subject of binary identities, and becoming more of a true self.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129323748","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

Force of Wall 墙的力

Law & Literature Pub Date : 2020-10-23 DOI: 10.1080/1535685X.2020.1827522

D. Manderson

引用次数: 0

Reading Faust into International Criminal Law 从《浮士德》解读国际刑法

Law & Literature Pub Date : 2020-10-22 DOI: 10.1080/1535685x.2020.1830502

Edwin Bikundo

{"title":"Reading Faust into International Criminal Law","authors":"Edwin Bikundo","doi":"10.1080/1535685x.2020.1830502","DOIUrl":"https://doi.org/10.1080/1535685x.2020.1830502","url":null,"abstract":"Abstract Metaphorical references to the devil in international criminal justice are various, varied and tap into a rich vein of allusion, association and meaning. These range from simple references to evil, to more complex referencing to Faustian pacts of one form or another, to the downright esoteric encompassing the arcane origins of the immunity erstwhile afforded to official acts. Kenyan President Uhuru Kenyatta’s statement ‘That devil shall be defeated’ as well as Canadian General Romeo Dallaire’s ‘Shake Hands with the Devil’ are two examples respectively resisting and promoting international individual criminal liability. That Carl Schmitt was asked by his interrogator at Nuremberg ‘when did you renounce the devil?’ and that defence counsel at the International Criminal court in the Kenyan Situation analogised the Kenyan government as being accused of entering into ‘a deal with the devil’, to the judge at Rudolf Kastner’s case in Israel related to Nazi-era crimes described him as having ‘sold his soul to the devil’; cut across perpetrators and victims and speak of knowing and willing compacts with evil in order to, allegedly, produce good. Which is to say that they are all political theodicies explaining away evil by linking it in some causal way to good.","PeriodicalId":368948,"journal":{"name":"Law & Literature","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124136405","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