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Humor and the Law: Laughter as Critique/The Limits of Laughter 幽默与法律：作为批判的笑/笑的极限
IF 0.3
Law Culture and the Humanities Pub Date : 2023-06-28 DOI: 10.1177/17438721231177647
Brigitte Adriaensen, A. Bricker, Alberto Godioli, T.S.E. Laros
{"title":"Humor and the Law: Laughter as Critique/The Limits of Laughter","authors":"Brigitte Adriaensen, A. Bricker, Alberto Godioli, T.S.E. Laros","doi":"10.1177/17438721231177647","DOIUrl":"https://doi.org/10.1177/17438721231177647","url":null,"abstract":"In this introduction, we outline several approaches to the role humor might play in relation to the law through the six articles contributed to this special issue and through important and more recent theories that have guided discussions of humor. We take up two aspects in particular when addressing the efficacy of humor: its ability to serve as a diagnostic tool and even cure; and its weaknesses, limitations, and shortcomings. Finally, we outline the specific contributions this special issue makes to the study of humor and the law and some new directions for research into humor and the law around affect, ethics, aesthetics, and politics.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47492753","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
Towards Legality and Affect 走向法制与情感
IF 0.3
Law Culture and the Humanities Pub Date : 2023-06-28 DOI: 10.1177/17438721231179406
Birte Christ, W. Schniedermann
{"title":"Towards Legality and Affect","authors":"Birte Christ, W. Schniedermann","doi":"10.1177/17438721231179406","DOIUrl":"https://doi.org/10.1177/17438721231179406","url":null,"abstract":"The contributions to this special issue on “Towards Legality and Affect” engage with Greta Olson’s recent challenges to the discipline of Law and Literature in From Law and Literature to Legality and Affect (Oxford UP 2022). They grapple with Olson’s reconceptualization of legality and her emphasis on the role of affect by way of case studies that include diverse media and transnational perspectives.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49570854","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
Superhero Storytelling: the Law, Sovereignty and Time 超级英雄故事:法律、主权和时间
IF 0.3
Law Culture and the Humanities Pub Date : 2023-06-28 DOI: 10.1177/17438721231169162
N. Curtis
{"title":"Superhero Storytelling: the Law, Sovereignty and Time","authors":"N. Curtis","doi":"10.1177/17438721231169162","DOIUrl":"https://doi.org/10.1177/17438721231169162","url":null,"abstract":"In both Comics Studies and Cultural Legal Studies, questions about the relationship between superheroes and the law have most commonly been treated in terms of vigilantism or in relation to the concept of sovereignty. With regard to sovereignty, though, the tendency has been to explore the concept in relation to its fundamental spatial organisation. In this article, however, I would like to consider law and sovereignty in relation to time. In particular how they are linked to the regulation and control of stories that recount histories and with that determine how identities and the legal and normative frameworks that support them are imagined in the future. To do this the article firstly introduces the work of Robert Cover and his definition on nomos as a normative universe in which we dwell. To this I add the work of Scott Richard Lyons to talk about expressions of ‘rhetorical sovereignty’ in two superhero comics: Captain America: Truth: Red, White and Black, and Blue Marvel. These are read as examples of legal storytelling that seek to change the mode of public discourse; challenge dominant (racist) representations, and reset the debate in the search for and application of justice.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46339915","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
Feel, Show, Tell: affect and legality in the trial as performance 感受、展示、诉说:作为表现的审判中的影响和合法性
IF 0.3
Law Culture and the Humanities Pub Date : 2023-06-19 DOI: 10.1177/17438721231177641
J. Gaakeer
{"title":"Feel, Show, Tell: affect and legality in the trial as performance","authors":"J. Gaakeer","doi":"10.1177/17438721231177641","DOIUrl":"https://doi.org/10.1177/17438721231177641","url":null,"abstract":"In this article I aim to rise to the bait thrown my way by Greta Olson where she posits ( From Law and Literature to Legality and Affect, p.121) that law-and-affect scholarship is anti-narrative, and provocatively imagines that I would shake my head and chuckle, asking what one is to do with the questions asked by scholarship on emotion and affect in actual legal practice. As one spending most of her time in judicial practice I am not only firmly convinced of the importance of narrative in law, what is more, I often have to steep myself in the legal effects of emotion and affect and ask what consequences they should have for the people involved. I will therefore consider the trial as a performance, i.e., a show trial in the positive sense that as a performance shows and tells that it has read well what is brought before the court.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43151036","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
On Legal and Legitimate Wars in the Transforming Public Sphere: Social Contract Theory’s Confusion about War Declarations 转型公共领域中的合法与正当战争:社会契约论对战争宣言的困惑
IF 0.3
Law Culture and the Humanities Pub Date : 2023-04-18 DOI: 10.1177/17438721231162051
C. Barker
{"title":"On Legal and Legitimate Wars in the Transforming Public Sphere: Social Contract Theory’s Confusion about War Declarations","authors":"C. Barker","doi":"10.1177/17438721231162051","DOIUrl":"https://doi.org/10.1177/17438721231162051","url":null,"abstract":"This paper examines the discursive conditions that make war legal and legitimate. In the Post-World War II period, when countries do not declare war, the gap between legality and legitimacy has widened, and wars are often neither. While other studies of war-declaring typically focus on the relations between states, this paper focuses on relations between citizen and government. In the absence of discursive declarations of war, it is unclear whether citizens are able to consent to war-making decisions. The paper surveys communicative blockages and suggests areas in which improved communication could make war legal and legitimate.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41384410","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
On Captain Vere and the Electric Chair: Capital Punishment, Billy Budd, and Fantasies of Sovereign Power in the Late 19th Century 《维尔船长和电椅:19世纪末的死刑、比利·巴德和君主权力幻想》
IF 0.3
Law Culture and the Humanities Pub Date : 2023-03-09 DOI: 10.1177/17438721231156602
Daniel LaChance
{"title":"On Captain Vere and the Electric Chair: Capital Punishment, Billy Budd, and Fantasies of Sovereign Power in the Late 19th Century","authors":"Daniel LaChance","doi":"10.1177/17438721231156602","DOIUrl":"https://doi.org/10.1177/17438721231156602","url":null,"abstract":"While Herman Melville was writing Billy Bud, Sailor, political elites in his home state of New York were overhauling their state’s death penalty. Their work culminated in the Electrical Execution Act of 1888. In addition to changing the state’s execution method from hanging to electrocution, the legislation introduced new policies and execution procedures aimed at projecting an image of law as majestic and inexorable in its operation. By bringing new discipline and secrecy to executions, reformers hoped that they could exert greater control over the public’s response to them. Through a close reading of Billy Budd and archival documents related to the adoption of the electric chair, I argue that the novella grapples with a fantasy of sovereign power similar to the one that drove execution reform efforts in New York. Efforts to achieve total control over life and death, Melville suggests, are bound to fail because they require a depersonalization of both the agent and the subject of sovereign power that is unjust and, mercifully, unfeasible. Neither Billy’s death by hanging nor the first execution by electricity in New York had the effects on the public’s responses to executions that elites desired. Ironically, though, the failure of efforts to control the meaning of executions may have made capital punishment more palatable to the public than it otherwise would have been.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42660853","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
Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule 法律中的全知叙事模式:从审判策略到同侪规则
Law Culture and the Humanities Pub Date : 2023-03-09 DOI: 10.1177/17438721231154449
Simon Stern
{"title":"Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule","authors":"Simon Stern","doi":"10.1177/17438721231154449","DOIUrl":"https://doi.org/10.1177/17438721231154449","url":null,"abstract":"Research in law and literature often uses the term “narrative” as a shorthand for various kinds of motivated legal reasoning, indicating that facts, doctrines, and the relations among them have been chosen and arranged for a particular purpose. Alternatively, speaking of “narrative” may be a way of conveying that one is concerned with interpretation, and may be a signal that the discussion will focus on images, symbols, representations, or ideologies, even if their narrative features play little or no role in the analysis. This article shows how research on narrative might help to clarify aspects of trial strategy and legal doctrine. The first section considers omniscient narration as a way of understanding the effects of various defense strategies, in a criminal trial. The second section considers the role of omniscient narration in the development of the “fellow- servant” rule in the nineteenth century. The law of evidence provides an especially fruitful area for such investigations, but questions of narrative form and technique can help to clarify many other aspects of forensic argumentation and analysis, in both procedural and substantive contexts.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"594 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136180162","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 Political Philosophy of the Dark Knight Trilogy 黑暗骑士三部曲的政治哲学
IF 0.3
Law Culture and the Humanities Pub Date : 2023-03-05 DOI: 10.1177/17438721231158815
Jonathan Ashbach
{"title":"The Political Philosophy of the Dark Knight Trilogy","authors":"Jonathan Ashbach","doi":"10.1177/17438721231158815","DOIUrl":"https://doi.org/10.1177/17438721231158815","url":null,"abstract":"Christopher Nolan once described The Dark Knight as massively subversive, but scholars have been slow to realize just how accurate that confession was. Nolan’s Batman trilogy shows little interest in propagandizing on behalf of ephemeral partisan politics, but its films deeply engage fundamental political questions. Batman Begins explores the violent nature of governance as the wielding of fear and compares three different theories of justice to suggest the virtue is best defined by its fostering of social harmony. The Dark Knight centers on the question: Who rules? Nolan’s masterpiece sharply critiques democratic legitimacy in favor of something more primal: Those who can rule well should. And The Dark Knight Rises explores the nature of the demagogic class struggle most likely to lead to the collapse of social order. These films are not mere entertainment–they also constitute one of our age’s great meditations on power.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44684644","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
Populists in Court: Wager, Match, and Chance Considered as Generic Forms of Playful Legalities 法庭上的民粹主义者：Wager、Match和Chance被视为游戏合法性的一般形式
IF 0.3
Law Culture and the Humanities Pub Date : 2023-02-02 DOI: 10.1177/17438721221149378
F. Korsten
{"title":"Populists in Court: Wager, Match, and Chance Considered as Generic Forms of Playful Legalities","authors":"F. Korsten","doi":"10.1177/17438721221149378","DOIUrl":"https://doi.org/10.1177/17438721221149378","url":null,"abstract":"A principal element of law is the unpredictable outcome of its proceedings. This unpredictability has fueled the hopes of many and the fears of equally as many. In recent years populists and other political mavericks have become highly capable at exploiting the element of chance in law, aiming not so much to prove guilt or maintain innocence, but rather to reconfigure the judiciary affectively as a game of winners and losers. Populists’ legal and luysory tactics make it urgent to reconsider the relation between the fields of law and the humanities. By paying more attention to the genres and media of play and game we can better assess the ways in which contemporary actors are playing with law and exploring the limits of the rules of the game. Here, the plurality that characterizes culturally and medially determined forms of legality, as Greta Olson calls it, has a counterpart in an equally culturally inspired and mediatized form of totalitarianism. In analyzing the populist play with law, my guide will be Johan Huizinga’s Homo Ludens, in which he considers law’s origin in play and chance. For Huizinga, play is serious, as is the law. The populist play with law is equally serious, since it may have serious consequences for the Rechtsgefühle of citizens.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49445127","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
Bernadette Meyler Staging the Humanities in the Public Sphere 伯纳黛特·梅勒《公共领域的人文舞台
IF 0.3
Law Culture and the Humanities Pub Date : 2023-02-01 DOI: 10.1177/17438721211035546
Bernadette A. Meyler
{"title":"Bernadette Meyler Staging the Humanities in the Public Sphere","authors":"Bernadette A. Meyler","doi":"10.1177/17438721211035546","DOIUrl":"https://doi.org/10.1177/17438721211035546","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"19 1","pages":"4 - 6"},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41476580","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
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