Law Culture and the Humanities最新文献

{"title":"Book Review: Law and the Visible","authors":"Ruoyu Li","doi":"10.1177/17438721221107181","DOIUrl":"https://doi.org/10.1177/17438721221107181","url":null,"abstract":"practice, the Manus Recording Project Collective aligns silence with listening, Schuppli works with fragmented stories, Spring discusses hearing loss, d’Envie and Bervin rely on inaudible cosmic vibrations, Dockray connects silent surveillance to modes of power, and Young explicitly distinguishes silence (which is idealistic and attends to the environment) from muteness (which draws attention to itself and trusts the experiment). Important to note is also the Reader’s design which is an eclectic mix of plain text, photography, and primary source materials, often placed next to each other on the page. This design might make the Reader less approachable to some. However, by inviting listeners to read excerpts from voice recordings and answering machine messages (Schuppli and the Manus Recording Project Collective), look at eardrum images (Spring), and juxtapose personal impressions with the transcripts of field recordings (d’Envie and Bervin), the Reader indeed inspires efforts to generate deeper resonances between academic writing-styles and research contents. In that regard, it is disappointing that the Reader itself still predominantly relies on visual language. It is furthermore unfortunate that, with the exceptions of Schuppli and d’Envie and Bervin, its contributors fail to inform the layperson about the actual sound art exhibition and its curational practice. In the “Foreword,” Norie Neumark describes this practice as one that listens to artists, instead of simply giving voice to them. However, Neumark remains silent about the details and implications of this curational listening. Altogether, Eavesdropping: A Reader initiates an important conversation about the ethics and politics of listening, and about ways to understand eavesdropping as a multifaceted practice that involves bodies, materialities and social situations. The conversation is waiting to be continued, and the Reader can be read as a call to develop its artistic ideas into substantive theoretical and empirical frameworks, as well as to think about their wider political implications. Thus, the Reader might unfold its greatest effect when it is brought into conversation with existing scholarship in the social sciences and humanities on listening, reminding social scientists of both the understudied sonic dimensions of legal matters and the political relevance of art, and urging sound artists to reflect on the ethico-political implications of their works.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"511 - 514"},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46473322","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 Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Thought","authors":"Benjamin Meiches","doi":"10.1177/17438721221107183","DOIUrl":"https://doi.org/10.1177/17438721221107183","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"523 - 526"},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42457857","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: Life after Privacy: Reclaiming Democracy in a Surveillance Society","authors":"Kevin Walby","doi":"10.1177/17438721221107186","DOIUrl":"https://doi.org/10.1177/17438721221107186","url":null,"abstract":"Judge Rinder (the latter is the subject of Chapter 10) as well as fictional productions such as Judge John Deed (examined in Chapters 6 and 7). In 2009, when the new UK Supreme Court was inaugurated, cameras were installed in the refurbished building. All proceedings in this new jurisdiction would be audio-visually recorded, and these recordings were to be available to the media and others, upon request. Some proceedings were broadcast live on Sky News, and the court launched its YouTube channel in 2013, which focuses on Judicial Summary Videos (155-6; also chapter 9). Here is where Moran squarely examines matters of open justice, transparency, and the relationship between the courts and the news media. For Moran, debates about cameras in courts are “intimately connected to debates about institutional transparency” (160). Moran undertakes a detailed analysis of the challenges and processes by which these courts co-exist with cameras, including interviewing key personnel about the careful negotiations, the protocols and the processes by which open justice is facilitated. Moran’s book reminds us that judges are both people and symbols. It is written in the broader contexts of legal biography and legal life writing, diversity and social inclusion of the judiciary, and official and unofficial representations of justice (and judges) in popular and literary culture. Moran traces the shifting technologies that produce judicial images, and the changing audiences for them. Images of judges are produced, managed and consumed within specific socio-cultural moments, and they circulate in an increasingly crowded cultural domain. Moran argues that the project of improving judicial visibility is bound up with that of improving judicial legitimacy, and that this sometimes backfires (237-8). Moran also accepts that visibility is not always synonymous with transparency, and that achieving open justice is an ongoing challenge. Moran’s work is a timely reminder, and also an invitation, to examine judges – as individuals and as an institution of power – by scrutinizing the moments when they become culturally visible. Moran’s idiosyncratic approach follows what must be his own cultural preferences – the shows he enjoys watching, the architecture he admires – as it also displays his striking ability to pay attention to small yet significant details and reveals that judicial visibility is often a carefully choreographed performance.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"516 - 519"},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46184313","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":"Feeling Accountable: Affect and Embodied Ethics in Times of Crisis","authors":"J. Ellis","doi":"10.1177/17438721221089822","DOIUrl":"https://doi.org/10.1177/17438721221089822","url":null,"abstract":"Calls for strengthening the U.S.’s federal ethics systems have proliferated in the popular media, among good governance watchdog groups, and beyond. Framed as an ongoing crisis, the situation has prompted democracy reformers to advocate for more stringent accountability mechanisms, oversight, regulations, and laws. Drawing from new directions in scholarship, this article uses approaches from affect theory to reconsider assumptions about reason, language, and the rule of law within government ethics reform. In so doing, I suggest that perspectives from affect theory expose overlooked areas within current accountability mechanisms and subsequent failures of enforcement, arguing that recent theoretical interventions help us rethink good governance practices by calling into question the ratio-centric, agential framing of government accountability. By mobilizing new theories of crisis and emotion, this article considers how administrative bodies—made up of corporeal bodies—might feel accountable. Building on the work of scholars who link the roles of habits and environments to embodied actions, this article proposes that examining the affective composition of an ethics crisis has wider implications for theorizing moments of institutional reckoning.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48044543","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":"Aesthetic Distance","authors":"Jeremy Isard","doi":"10.1177/17438721221077663","DOIUrl":"https://doi.org/10.1177/17438721221077663","url":null,"abstract":"There is an unnamed crisis of aesthetic immediacy afoot in the American criminal justice system. Defendants are seen too quickly. Or rather, they are recognized too quickly. They are recognized spatially, at the defense table, surrounded by lawyers and court marshals, playing the protagonists in the court performance. For most observers, this staging and its familiarity bring about a series of untold assumptions—assumptions that, when viewed nakedly, erode the presumption of innocence. While implicit biases and prejudices similarly short-circuit judicial proceedings—procedure and proceduralism itself—nefariously permit implicit narratives to outpace evidence. Tools to interrupt the aesthetics of transgression and its aftermath will serve judicial accuracy without substantial efficiency tradeoffs. While the bifurcation of the guilt and sentencing in American courts laudably partitions the culpability inquiry from the question of deserved punishment—the former, the question of wrongdoing, can never be truly divorced from history, neither personal nor social. Nor should it be. The Anglo-American insistence on a socially ahistorical criminal trial comes at a high cost: real and textured history—the foreground, leadup, and intimate histories of what occurred is kept out, while the more depersonalized histories that undergird daily life, narrative tropes, and mythologies of crime are permitted to play an outsized role. There is no place, as it stands, for simultaneity in truth or a multiplicity of character. This article thinks of ways to render collective transgression and the complexity of truth legally cognizable and to afford individual defendants full subject status as, I argue, the Sixth Amendment demands. It turns to a source famed for disrupting perception and the study of how and why perception is to be unsettled: Russian Formalism.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48190973","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 Night of Errors”: Chaos, Comedy, and Comparative Law at the Inns of Court","authors":"Jessica Apolloni","doi":"10.1177/17438721221080785","DOIUrl":"https://doi.org/10.1177/17438721221080785","url":null,"abstract":"Festivities at the Gray’s Inn Revels of 1594–1595, as narrated in the Gesta Grayorum, included the first recorded performance of Shakespeare’s The Comedy of Errors. Revels at the Inns were intricate affairs parodying government rule, often involving a fictional coronation, parliament, plays, and mock trials. Recent studies in law and literature have detailed how revels created artificial city states that raised numerous questions about legal regulation and self-governance. On December 28, 1594, the Gesta Grayorum claims Shakespeare’s play created a “Night of Errors” that led to a lengthy mock trial the next day. In this article, I analyze the commerce of legal ideas occurring between Shakespeare’s play, its source in Plautus’s Menaechmi, and the ensuing commentary from the mock trial in order to demonstrate that key generic elements of Roman comedy became central to legal training at the Inns. I illustrate this intertextual development of comedy to reveal its power in representing and critiquing how law is performed in communities.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44467110","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":"Perpetual Enemy, Intimate Alien: Somerset v. Stewart’s Effect on the Legal and Political Status of the English Jews","authors":"C. Smedberg","doi":"10.1177/17438721221078861","DOIUrl":"https://doi.org/10.1177/17438721221078861","url":null,"abstract":"By redefining villeinage as applicable only to those of English heritage, Somerset v. Stewart inadvertently expanded Englishness to encompass English Jews, who had been associated with villeinage both in the medieval and early modern periods. The sudden cessation of legal and political references to Jewish villeinage post- Somerset constitutes a reframing of Jewish history, with the goal of reestablishing the boundary between Englishness and Jewishness. To fully understand Somerset’s contribution to the making of Englishness, we must, therefore, look beyond the case’s impact on racial slavery and consider the role the case played in legally and politically redefining English Jews as fundamentally non-English.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43330283","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":"Succession’s Lessons for the UK’s Dual Class Shares Debate: Beyond the Founder as the Benign Genius","authors":"Jonathan Hardman","doi":"10.1177/17438721221080784","DOIUrl":"https://doi.org/10.1177/17438721221080784","url":null,"abstract":"UK law is currently debating whether companies whose founders have enhanced voting rights, known as a ‘dual class share’ structure, should be allowed to be listed on the premium list of the London Stock Exchange. This article posits that those arguing for dual class shares argue, ultimately, that founders may be benign geniuses who should be freed from market forces. It argues that the television show Succession illustrates that it is not inevitable that a founder be so: the Roy family’s misdeeds echo traditional corporate law warnings about the dangers of managerial excess. Law needs to regulate the Roys as well as any benign genius.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43872733","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: Piers Plowman and the Reinvention of Church Law in the Late Middle Ages","authors":"Lawrence E. Scanlon","doi":"10.1177/17438721221090086","DOIUrl":"https://doi.org/10.1177/17438721221090086","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"250 - 252"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45456920","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: Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders","authors":"Cristina S. Méndez","doi":"10.1177/17438721221090086c","DOIUrl":"https://doi.org/10.1177/17438721221090086c","url":null,"abstract":"diasporic subjects, migrants, and refugees. Consequently, Oorschot fails to see how patriarchal and ableist logics, among others, determine the evaluation of the case-file. Though Oorschot attempts not to offer a pure theory, her thinking distills legal procedure to the juristic. For her, the only ‘truth’ to be found is in the practices of case-making. Yet a case-file does not merely tell a story of its inception, reception, and mediation; it also conveys a normative truth or an episteme. Thus, Oorschot leaves unexamined how different beings or bodies of law speak and decide on different legal areas (criminal, civil, public, etc). Indeed, if law is multiplicitous Oorschot unintentionally shows it is also anxious about how other (legal) spheres disrupt its monosemy and monopoly and so it seeks to control and determine its own operation and practices.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"258 - 260"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41633247","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}