Law Culture and the Humanities最新文献

{"title":"Book Review: The Morals of the Market: Human Rights and the Rise of Neoliberalism","authors":"L. Cornelissen","doi":"10.1177/1743872120970871b","DOIUrl":"https://doi.org/10.1177/1743872120970871b","url":null,"abstract":"Americans removed and interred during WWII and those legally seeking asylum, who are detained in overcrowded and inhumane camps on the border today. Yet the comparison in that case would be an overgeneralization, eliding significant legal and historic specifics. Therefore, despite the comparison that the title of her book encourages, I’d like to think Izumi is referring in this passage to the recurrent and evolving tension between civil liberties and fears about national security that prompted the unfortunate “solution” of “camps” in the U.S. in both the 1950s and the present day (and in many other places around the globe right now). This tension is the most consistent topic of Izumi’s book, and one well worth examining, given its timely and urgent relevance. In that regard, in its examination of the creation and repeal of Title II, and in its thorough research of just over two decades of legislative and juridical responses to the tension between a desire for security driven by anxiety or fear and America’s constitutional commitment to civil liberties, the book makes an informative contribution to scholarship. Though leaving race and the idea of the concentration camp relatively unexplored, Izumi’s study provides a wealth of useful details documenting legal and juridical decision-making and the dangers that a climate of suspicion, anxiety, and war can pose to civil liberties.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"646 - 648"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46800466","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":"Book Review: A Critical Legal Examination of Liberalism and Liberal Rights","authors":"Gale A. Watts","doi":"10.1177/1743872120970871","DOIUrl":"https://doi.org/10.1177/1743872120970871","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"26 1","pages":"640 - 643"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1743872120970871","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"65510907","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":"Law’s Pluralism: Getting to the Heart of the Rule of Law","authors":"S. Chalmers","doi":"10.1177/17438721211063670","DOIUrl":"https://doi.org/10.1177/17438721211063670","url":null,"abstract":"This essay makes a theoretical argument for reimagining ‘the rule of law’ in light of ‘legal pluralism’. Building on the work of Desmond Manderson and Roderick Macdonald in particular, the essay considers what it means for law’s pluralism—the differences that animate the everyday life of law—to be the very pulse of its rule. In doing so, the essay seeks to open the frame that has been placed around the rule of law in two ways. On one side: to see beyond the law that is made intelligible through institutionalized modes of expression to the law that is made sensible through the richly expressive media of human culture (thus opening the frame around the ‘law’ that is seen to rule). And on the other side: to see beyond law as a mode of governance to law in the everyday lives of subjects (thus opening the frame around how this law is seen to ‘rule’). The result is a reimagination of the rule of law as a broadly socio-cultural phenomenon rather than a narrowly legal-institutional arrangement. The essay proceeds in two steps, beginning with law’s pluralism before turning to law’s rule.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"577 - 597"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43170314","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":"Book Review: Biopolitics of the More-Than-Human: Forensic Ecologies of Violence","authors":"Michael J. Albert","doi":"10.1177/1743872120970871c","DOIUrl":"https://doi.org/10.1177/1743872120970871c","url":null,"abstract":"What Trabsky does in a particularly skillful fashion is attend to how the","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"648 - 651"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43379901","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":"Mature Enough to Disobey Jurors, Women, and Radical Enfranchisement in Tocqueville’s Democracy in America","authors":"S. Chakravarti","doi":"10.1177/17438721211063666","DOIUrl":"https://doi.org/10.1177/17438721211063666","url":null,"abstract":"While many have pointed to Tocqueville’s admiration of the jury system as a schoolhouse for civic participation, I argue that Tocqueville sets up, but forgoes, the opportunity to make jurors empowered enough to counter the ills of democracy that he enumerates, specifically the tyranny of the majority and soft despotism. The education of American women, Tocqueville remarks, prepares them to be independent, confident and astute observers of social conditions, but these characteristics are eclipsed by their domestic responsibilities as wives and mothers. Juxtaposing two sections of Democracy in America that are normally thought of separately (juries and women), I show that Tocqueville falters in his perception of the radical enfranchisement of jurors and women because of his fears about the instability of democracy (with its delusions of equality) just as he provides some of the best arguments for the importance of their political interventions.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"435 - 449"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48864707","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":"Book Review: The Rise and Fall of America’s Concentration Camps Law: Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s","authors":"Jennifer R. Ballengee","doi":"10.1177/1743872120970871a","DOIUrl":"https://doi.org/10.1177/1743872120970871a","url":null,"abstract":"In the end, I would argue that one’s preference for McManus’s approach to liberalism over liberal egalitarianism, broadly understood, hinges on whether one thinks the workplace, the family, and other private institutions require democratizing (a process which, as mentioned above, remains somewhat opaque.) This reader would be willing to consider the workplace, but thinks that democratizing the rest (to the extent that this entails top-down state-sanctioned action) may well do more harm than good. Thus, I do not yet see a reason to shift allegiances. And yet, while I remain to be convinced, I cannot deny that McManus’s ambitious book deserves to be widely read and discussed.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"643 - 646"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48910591","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":"Book Review: Law and the Dead: Technology, Relations and Institutions","authors":"Monika Lemke","doi":"10.1177/1743872120970871d","DOIUrl":"https://doi.org/10.1177/1743872120970871d","url":null,"abstract":"What Trabsky does in a particularly skillful fashion is attend to how the 652 Law, Culture and the Humanities 17(3) activities coroners perform that make them seem like lowly administrators or attendants to medical technicians actually serve to bolster their juridical authority. Trabsky supports this claim by tracing these mundane activities as they figure in legal history. Trabsky’s sense of responsibility to the practical and formal dimensions of the office of the coroner enables Trabsky to explore the materiality of the institutional life of law. Trabsky asks readers “to conceive of law in terms of the materiality of its institutions, the technologies that attach themselves to institutional practices and the performances of office that sustain the vitality of legal institutions” (8). Each chapter is concerned with a particular coronial technology and approach to the law. Chapter one concerns the early legal institutionalization of the care of the dead through public displays of the office. The coronial practices of walking with and “hawking” the dead in order to locate suitable places to conduct inquests are framed as technologies of jurisdiction. Chapter two offers a historical account of late nineteenth century transformations in techniques for viewing the corpse. According to Trabsky, what is conventionally understood as a mode of seeing is better understood as a matter of the authority to see. The coroner exercised a unique capacity for the juridical rhetoric of prosopopoeia (i.e. speaking as a thing) which allowed them to demonstrate their unique aptitude for the forensic gaze. Thus, in spite of the potential for encroachment upon their jurisdiction by medical professionals, coroners were able to maintain their juridical role in relation to the dead. Chapter three investigates how in the late nineteenth and early twentieth centuries, the coronial manual functioned as a technology of office. Offering guidance about how to fulfill the obligations of the coroner’s office and interpret the scope of their jurisdiction, these manuals aided in the formation of a particular logic of office, shaped by the interests of the coroners who wrote them. Chapter four treats the technology of the file as an integral part of the modernization of the coroner’s court at the turn of the twentieth century and focuses on the bureaucratic aspect of coroner’s juridical status. The fifth and final chapter of the book takes account of how the mechanization of the forensic gaze by the technology of radiography impacted the coroner’s domain of expertise and practices of caring for the dead. Trabsky’s analyses of the technologies and performances of the coroner situate the coronial office in the realm of the tangible, sensate, spatial, and particular. For example, Trabsky spends the first chapter of the book describing the adventures of the itinerant coroner. A quasi-mythic figure, this early iteration of the coronial office seems to roam through colonial-era Australia","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"17 1","pages":"651 - 653"},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46689934","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 Black Feminist Rationale for Doing Public Facing Research: A Tale of Writing for Both Political Science and the Broader Public","authors":"Nadia Elizabeth Brown","doi":"10.1177/17438721211035463","DOIUrl":"https://doi.org/10.1177/17438721211035463","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"19 1","pages":"22 - 24"},"PeriodicalIF":0.3,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49591195","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":"Bearing Witness","authors":"Austin D. Sarat","doi":"10.1177/17438721211035469","DOIUrl":"https://doi.org/10.1177/17438721211035469","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"19 1","pages":"16 - 18"},"PeriodicalIF":0.3,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47190674","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 Strangeness of Being Briefly Relevant","authors":"E. Borenstein","doi":"10.1177/17438721211035466","DOIUrl":"https://doi.org/10.1177/17438721211035466","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"19 1","pages":"10 - 12"},"PeriodicalIF":0.3,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46837467","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}