The Journal of cultural studies最新文献

What Constitutes a “Due” Burden on Women’s Access to Abortion: A Cultural Discourse Analysis of Whole Woman’s Health v. Hellerstedt 什么构成了妇女获得堕胎的“应有”负担:整个妇女健康诉Hellerstedt的文化话语分析

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.06

Gao Xueying

{"title":"What Constitutes a “Due” Burden on Women’s Access to Abortion: A Cultural Discourse Analysis of Whole Woman’s Health v. Hellerstedt","authors":"Gao Xueying","doi":"10.22492/IJCS.6.SI.06","DOIUrl":"https://doi.org/10.22492/IJCS.6.SI.06","url":null,"abstract":"We can find numerous international treaties and legal documents that support women’s choice for safe and legal abortion. However, there are constant different, incompatible and even opposing discourses around abortion globally. This paper examines a 2016 legal case (Whole Women’s Health v. Hellerstedt) to explore how anti-abortion discourse in the U.S. has found its way into the legal text. I begin by addressing women’s right to abortion as a human rights issue and then I investigate how U.S. abortion law entangles with social and cultural reality in the country; I then offer a close reading of the Supreme Court’s judgement and discuss the implications of such a legal text. Public opinions on reproductive rights in the U.S. are closely related to the dynamics between religious culture and feminist activism, and political manipulation leads to divided opinions over the issue. A close reading of the case shows that the court’s constant emphasis on “right to privacy” sets the stage for the current fragility of the reproductive rights in the U.S. cultural and political context. First, it opens a gate for antiabortion groups to burden women with moral responsibility; second, under TRAP laws it becomes difficult for the abortion providers to justify their stand. I further argue that the undue burden test, which was central to winning this case, is not a strong test for future lawsuits over abortion rights.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125152155","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

Killing with No Punishment: Police Violence and Judicial (In)justice 杀人不受惩罚:警察暴力与司法正义

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.03

A. Li

引用次数: 0

Challenging the Constitutionality of Section 377A in Singapore: Towards a More Humanist Treatment of Homosexuality in Singapore Law 挑战新加坡377A条款的合宪性:迈向新加坡法律对同性恋更人道的对待

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.05

B. S. Shi

{"title":"Challenging the Constitutionality of Section 377A in Singapore: Towards a More Humanist Treatment of Homosexuality in Singapore Law","authors":"B. S. Shi","doi":"10.22492/IJCS.6.SI.05","DOIUrl":"https://doi.org/10.22492/IJCS.6.SI.05","url":null,"abstract":"This paper examines the tensions between the law, politics and public opinion in Singapore via a landmark 2014 ruling that upheld the constitutionality of Section 377A of the Penal Code criminalising sex between men. It argues that the ruling dealt a serious blow to the human rights project for minority groups in Singapore due to complex socio-political biases towards homosexuals and a narrow legal logic that is overly deferential to the legislature. This “tyranny of the majority” not only reinforces longstanding prejudices against the Lesbian, Gay, Bisexual and Transgender (LGBT) community and deprives them of their rights, but potentially results in the graver consequence of compromising the integrity of the Singapore Constitution and the country’s democratic ideals. The paper also illustrates how the court of public opinion, split between conservative and liberal pro-humanist camps, not only keeps this issue at an impasse through opposing representations of homosexuality but also reflects an important ideological juncture that Singapore currently finds itself at as it navigates the path to modernisation and liberalisation. It urges a humanistic re-imagination of the law where the formulation and instrumentalisation of laws are constantly renegotiated and reworked to become more responsive as historical contexts and social relations between various parties beyond the State and its apparatus evolve. It also ventures that decriminalising homosexuality presents Singapore with the opportunity to define a new Asian post-colonial modernity and that the concept of “rights capital” can introduce greater equity and dignity within society.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121261864","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

A Quest for “Justice” in Capital Punishment: A Socio-Legal Study of the Nirbhaya Gangrape Case 对死刑“正义”的追求:尼尔巴亚轮奸案的社会法学研究

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.07

Samra Irfan

{"title":"A Quest for “Justice” in Capital Punishment: A Socio-Legal Study of the Nirbhaya Gangrape Case","authors":"Samra Irfan","doi":"10.22492/IJCS.6.SI.07","DOIUrl":"https://doi.org/10.22492/IJCS.6.SI.07","url":null,"abstract":"The December 16, 2012 gang rape case in India’s capital ignited fierce discussion on women’s rights, safety measures as well as the punishment for the rapists. A major question stemming from this case and elaborated in this paper is: is capital punishment for a rapist an effective measure, as a form of “justice” for the victim? The paper concludes that capital punishment should be abolished even for gruesome crimes like rape and it further raises the question whether capital punishment can serve as a reform tool for the existing and oftentimes dysfunctional criminal system in India. Through a thorough analysis of Mukesh & Another Vs State of NCT of Delhi and others (known as the Nirbhaya gang rape case), the paper explores capital punishment for the rapist from a socio-legal and cultural perspective. The case particularly becomes important as, along with other issues, it is concerned with the question of rights of the victim vis-à-vis the rights of the offender. In other words, the paper delves deeper into the conflict between the victims’ interests and the right of the offender in the justice system by examining who is responsible for what and to what extent. Taking a human rights approach, the paper examines the human rights jurisprudence in India as well as in international laws. Further, it maps the social and historical perspective revolving around rape victimhood and gender along with arguments that have been predominant for and against capital punishment, particularly for rapists in an Indian context.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126519820","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 Hadiya Case: Human Rights Violations and State Islamophobic Propaganda in India 哈迪亚案例:印度侵犯人权和国家仇视伊斯兰宣传

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.04

Adhvaidha Kalidasan

{"title":"The Hadiya Case: Human Rights Violations and State Islamophobic Propaganda in India","authors":"Adhvaidha Kalidasan","doi":"10.22492/IJCS.6.SI.04","DOIUrl":"https://doi.org/10.22492/IJCS.6.SI.04","url":null,"abstract":"This paper examines the “Hadiya case” which in the years 2016 and 2017 was well known throughout India and revolved around a woman, named Hadiya, her conversion from Hinduism to Islam and her marriage to a Muslim man. It caught the attention of the entire nation through intense coverage by the national media. The decision of Hadiya, who is an adult with her own conscience, to practice the religion of her choice and marry the person with whom she wishes to share her life, instigated a public legal debate. Hadiya’s case, which evoked Islamophobic and patriarchal ideologies, should be placed within the current political conditions of India. With regard to language, religion and ethnicity, India’s diversity under a right-wing political regime has been questioned, while the human rights of women, religious minorities like Muslims and Christians, dalits (lower caste people) and indigenous people from tribal communities have been violated. Paying close attention to the legal and logical reasoning of the Indian High Court during the year-long trial, this paper also evokes a critical perspective on the understanding of growing Islamophobia, hatred politics against Muslims and the violation of women’s rights, particularly of those from minority religious communities and lower castes in. Indian society is facing cultural dominance under the Hindutva ideology – an ideology that is intent on the dominance of Hindus and Hinduism. Such a cultural and ideological dominance can be seen in the everyday life of Indians, in legal systems, media institutions and other formal and informal organizations. As will become clear, such cultural politics were disguised in the form of legality in the Hadiya case.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125138079","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

Toward a Juris-cultural Studies of Human Rights 人权的法文化研究之路

The Journal of cultural studies Pub Date : 2021-01-22 DOI: 10.22492/IJCS.6.SI.01

J. Erni

{"title":"Toward a Juris-cultural Studies of Human Rights","authors":"J. Erni","doi":"10.22492/IJCS.6.SI.01","DOIUrl":"https://doi.org/10.22492/IJCS.6.SI.01","url":null,"abstract":"This special issue grew out of an advanced seminar on Cultural Studies that I guest-taught at the National University of Singapore in 2018, where there has been a long-time engagement with interdisciplinary teaching and learning in the field of Cultural Studies through NUS’s Asian Research Institute (and more recently through the university’s Department of Communication and New Media). The essays collected here represent a collection of sincere efforts to reframe political and ethical crises through a unified framework that can be called juris-cultural studies of law and rights. By “juris-cultural,” I refer to a genre of critical cultural analysis that investigates the mutually constitutive nature of law and culture, through dissecting “law as culture” in which cultural signifying practices are traceable to the presence or absence of legal norms, as well as through “culture as law” in which the contested meanings of cultural communities, their practices and politics, can shape or even dictate social norms and regulations. It is both a political language and a method that avoids separating law and culture but confronts their uneasy entanglements. The essays are united by a common critical method of combining critical legal theory with a cultural critique of law. Each essay centers on a particular court case, and performs critical reading of the legal logics and reasoning alongside a broader attention to social and cultural ideologies and power relations that overdetermine the outcome of the court judgment. The insights produced by such a method will hopefully present to readers an innovative approach adequate to the task of bringing the problems of rights, legal subjectivities, and critical justice squarely to the doorsteps of Cultural Studies.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123887749","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

Small Palm Oil Plantation as Political Arena: Environmental Narratives Among Workers and NGOs in Aceh, Indonesia 作为政治舞台的小棕榈油种植园:印度尼西亚亚齐工人和非政府组织的环境叙事

The Journal of cultural studies Pub Date : 2020-10-30 DOI: 10.22492/ijcs.5.2.03

G. Zaninelli

{"title":"Small Palm Oil Plantation as Political Arena: Environmental Narratives Among Workers and NGOs in Aceh, Indonesia","authors":"G. Zaninelli","doi":"10.22492/ijcs.5.2.03","DOIUrl":"https://doi.org/10.22492/ijcs.5.2.03","url":null,"abstract":"This contribution examines the different environmental visions surrounding small palm oil plantations in the province of Aceh, Sumatra, Indonesia. How are natural resources conceptualized by small-scale owners, workers and local environmentalists? How is the small palm oil plantation a political space? Which narratives take place in/on small palm oil plantations? From one point of view, workers and small owners tend to read the small palm oil plantation as a place of possibilities for the future, and it is configured as a place in which individual and collective agencies are negotiated continuously. From another point of view, environmentalists and NGO activists describe workers through the stereotyped lens of ignorance, rebellion and project appropriation. In Aceh, environmental awareness is strongly shaped by class, age, residency and educational background. Starting from an analysis of Italian public discourses about palm oil in 2015/2016, the author spent 4 months, from August to November 2016 getting rid of an ethnographic research in the province of Aceh. Through observations, data collection, questionnaires, and structured and semi-structured interviews, the author was able to explore and illustrate the characteristics of small oil plantations as a political arena and the daily life of small-scale owners, workers and environmentalists.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121450169","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

Manifestations of Orí (Head) in Traditional Yorùbá Architecture Orí(头部)在传统Yorùbá建筑中的表现

The Journal of cultural studies Pub Date : 2020-10-30 DOI: 10.22492/ijcs.5.2.01

Adeyemi Akande

{"title":"Manifestations of Orí (Head) in Traditional Yorùbá Architecture","authors":"Adeyemi Akande","doi":"10.22492/ijcs.5.2.01","DOIUrl":"https://doi.org/10.22492/ijcs.5.2.01","url":null,"abstract":"Yorùbá traditional architecture is not spontaneous. It is a product of a well-structured cultural and religious system. Every aspect from the choice of material, to the style of building, and even its construction system was designed with primary considerations for family, community and belief. Because architecture is an effective organ for the reflection of both cultural and religious thoughts, this study sought to query an inconspicuous but possible use of traditional Yorùbá architecture as a medium for the expression of orí ideology and worship in the early times. Relying principally on secondary data and new insights from the juxtaposing of information gathered from religious practises and local art and architecture, the study attempted to answer the question, “How is traditional Yorùbá architecture used as a medium to propagate the centrality of orí?” The study noted that there appears to be a metaphysical similarity in the presentation and meaning of orí (head) in traditional Yorùbá sculpture and òrùlé (roof) in Yorùbá architecture in a manner that ties them together. The conclusion is that the roof in Yorùbá architecture is indeed a metaphorical object for the assertion of the pre-eminence of orí among the Yorùbá.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131405254","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: 2

Face and Authority: Cultural Challenges of Teaching in China 面对与权威:中国教学的文化挑战

The Journal of cultural studies Pub Date : 2020-10-30 DOI: 10.22492/ijcs.5.2.05

Paweł Zygadło

引用次数: 1

Repair: Mongolian Art as Reimagination of the Pastoral Identity 修复:作为牧区身份再想象的蒙古艺术

The Journal of cultural studies Pub Date : 2020-04-04 DOI: 10.22492/ijcs.5.1.05

Jamie N. Sanchez

{"title":"Repair: Mongolian Art as Reimagination of the Pastoral Identity","authors":"Jamie N. Sanchez","doi":"10.22492/ijcs.5.1.05","DOIUrl":"https://doi.org/10.22492/ijcs.5.1.05","url":null,"abstract":"Many Mongols in Northern China grapple with threats to their cultural identity. Ongoing economic development, rapid urbanization, Hanification, and the state’s historical assimilation policies threaten a distinct Mongolian cultural identity. One way that Mongols grapple with “cultural identity anxiety,” is through representation. Material culture has become one mode to represent a distinct cultural identity and to uphold distinct ethnic boundaries. In this article, I analyze a piece of material culture in cartoon art form, titled “Repair,” by Mongolian artist Babilig. I use cultural and political theory, historical shifts in Inner Mongolia, and Chinese state discourse and ideologies to demonstrate why material culture is used to construct and represent Mongolian cultural identity. I demonstrate how the artist uses different elements in piece of art critique the impact of the Chinese state’s rapid urbanization on Mongol cultural space. I also posit that a distinct Mongolian cultural identity is promoted to debunk the long held Chinese state discourse in which Han are promoted over Mongols. Additionally, I argue that, ultimately, the representation of Mongols as reimagined pastoralists justifies state economic and urbanization policies aimed at ushering Inner Mongolia, and the Mongols who live there, into modernization.","PeriodicalId":428380,"journal":{"name":"The Journal of cultural studies","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125920757","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