Law Culture and the Humanities最新文献

{"title":"Editorial","authors":"A. Sarat","doi":"10.1177/17438721211018896","DOIUrl":"https://doi.org/10.1177/17438721211018896","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"3 - 3"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44337423","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: Intellectual and Cultural Property: Between Market and Community","authors":"Jose Bellido","doi":"10.1177/17438721221090086d","DOIUrl":"https://doi.org/10.1177/17438721221090086d","url":null,"abstract":"discussions of Viverios de Castro’s notion of controlled equivocation, they provide crucial insight into the challenges of understanding across the cultural and epistemological divides inherent in different languages. Finally, chapter 7 asks the extent to which official multilingualism has created enforceable rights in legal processes. In her consideration, Leung ponders the tensions between legal ideas of fairness and language rights. Such tensions arise, for example, with juror selection in language-specific trials; should the jury consist of a defendant’s “peers” who speak a minority language or should the jury be representative of a given jurisdiction? Leung also identifies other tensions such as those that occur with the use of interpreters and the exercise of interpretive powers held by judges. Many of these tensions highlight how the universalism assumed by law comes into conflict with the needs of minority language speakers. In this way, the chapter speaks to interculturalidad as conceptualized by Robert Aman in his article, “Colonial Differences in Intercultural Education: On Interculturality in the Andes and the Decolonization of Intercultural Dialogue” (2017). The chapter thus points to a need to look deeper into the colonial nature of law and the incongruence of legal values with other cultural traditions of justice or fairness. To further illuminate the tensions inherent in language right discussions, a decolonial perspective is necessary. In her concluding chapter, Leung summarizes the complexity of discussing official multilingualism on a global scale because of the sheer multitude of ways it has been enacted and enforced. She resists judging the value of multilingualism, noting instead the true nature of official multilingualism is power and nation-state survival. Leung succinctly states that “both symbolic jurisprudence and shallow equality are properties of a policy of strategic pluralism” where official language use is not “inherently just or unjust” but is instead one among other “viable strategies for the survival of a polity” (249). While it may be argued that monolingualism is unjust, the point here is that official status alone does not ensure linguistic survival or enforceable linguistic rights. In this light, it is important to think of official multilingualism as an always unfinished enterprise. While Leung does speak to the symbolic importance that official status can have, many factors determine the role of a language in a given society. For language movements that have achieved official status and are frustrated with the lack of substantial legal support or protection, Leung offers a clear analysis of the mechanisms they are working with, and sometimes against. While primarily a legal analysis, the focus on ideological forces makes this book important for those in the humanities interested in the sociology of language, sociolinguistics, and language planning for revitalization movements.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"260 - 263"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44795589","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 Law Multiple: Judgment and Knowledge in Practice","authors":"Carson Cole Arthur","doi":"10.1177/17438721221090086b","DOIUrl":"https://doi.org/10.1177/17438721221090086b","url":null,"abstract":"unethically-produced tchotchkes from China for a song—a markedly less pious proposition if we take the spirit, and not the letter, of almost everything Jesus ever said—also indicate the corporation’s intentions. In other words, although Hobby Lobby’s directors say the corporate person is Christian, the meaning of its actions speak louder than its words; when the question “why?” is given application, for certain company actions, to use Anscombe’s interrogative, a resounding “for profit!” (not “for Christ”) will no doubt be the answer. Hence when a company’s directors tell us what a particular corporate action means, it ought to matter as much to the calculus of the corporate person’s intention as when we are told a toilet is a fountain, a work of art, or something different altogether. Such a move has the potential to give a radical new meaning to robber baron Andrew Carnegie’s famous credo “My heart is in the work”. At its heart, however, Modernism and the Meaning of Corporate Persons is a genealogy of a legal concept read through the lens of the aesthetic revolution that occurred simultaneously. It admirably weaves together sustained analyses of case law, legal philosophy, and literature. Scholars interested in legal history, intellectual history, or jurisprudence, will find much to interest them here, though it is principally a work of literary criticism. As a former corporate lawyer, I admit I would have liked to have seen more engagement with the corporate form and regulation as it developed. Admittedly board resolutions, articles of incorporation, and meeting minutes hardly make for good literature, though I do wonder whether we can take a corporation to mean what it says on its papers, the papers to which it owes its ‘incorporate’ existence, or whether we can take a corporation to intend the decisions that are protected by the business judgment rule, a rule that protects officers and directors from liability when they have made poor decisions in good faith. Neither of these aspects of corporate organization and operation receives sustained attention here, at least in a formal legal sense. These aspects are only indirectly related to Siraganian’s endeavor, however. Modernism and the Meaning of Corporate Persons questions, critiques, and enriches our understanding of how a collective can, by the magic of some abstract formal conceit, made material and stored in a warehouse in Delaware, act as if it were unified and natural. Because literature is, mercifully, “[r]elieved of the conditions of expediency, efficiency, and conclusiveness that law necessarily imposes on itself” (3), it affords an opportunity to inquire into the epistemological authority for law’s ontological claims of the corporate person, whether it intends, and what it means.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"255 - 258"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43198173","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: Unmanning: How Humans, Machines and Media Perform Drone Warfare","authors":"Anna Jackman","doi":"10.1177/17438721221090086f","DOIUrl":"https://doi.org/10.1177/17438721221090086f","url":null,"abstract":"relations. For example, in an otherwise illuminating chapter on the shelter’s control of time, Guenther describes “volunteers, clients, and animals” as temporally “dominated groups,” whereas staff tend to appear as agents of the shelter’s domination (232). But while the mostly middle-class volunteers may negotiate moral anguish and gendered norms, they are also free to leave the shelter at any time. The Latinx staff, as workers, have less ability to leave because they depend on the shelter for their livelihood (and surely, to be a wage laborer is to face temporal control.) Captive animals, of course, have no real exit options at all. Guenther’s designation of volunteers as “dominated” continues in other parts of the book, but there seems something off—especially with a method attuned not only to relationality but knotty differences—of using the same category used for captive animals. It is not that I think Guenther is unaware of these differences, but that, analytically, their intersections seem to exist on a homogenous plane oriented around an undifferentiated “domination.” This conceptual issue should not detract from the many strengths and insights of the book, like Guenther’s inspiring vision of a world where shelters are unnecessary, an abolitionist vision that partners with other struggles for justice. In this world, companion animals do not belong to a single human but form part of a community, free to choose and be chosen by a variety of humans. Getting there requires steps that provide common praxis for human and animal advocates alike, like allowing companion animals at facilities for the houseless, ending housing and insurance discrimination against pit bulls, and economic justice measures like wage increases and lower housing costs. In sum, The Lives and Deaths of Shelter Animals offers a much-needed look into an institution as ubiquitous and revealing as it is generally ignored.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"265 - 268"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48925810","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: Modernism and the Meaning of Corporate Persons","authors":"Jack Quirk","doi":"10.1177/17438721221090086a","DOIUrl":"https://doi.org/10.1177/17438721221090086a","url":null,"abstract":"the narrowness of focus that contributes to the rigor of his readings leads to oversimplification when he tries to make them stand for Langland’s larger motives. The canonists’ teachings were hardly restricted to penance. Likewise, penitential tradition in the later Middle Ages was not fully represented in the canonists alone. Thomas readily acknowledges the first point. He ignores the second. But that also means largely ignoring Langland’s most obvious engagement with penitential tradition, the confessions of the Seven Deadly Sins in B.5 and C.6 (from which Thomas takes his discussion of Covetise). The taxonomy of the deadly sins comes to Langland from the treatise on virtues and vices, especially the many English adaptations and translations of the immensely popular Summae on the Vices and Virtues of Willam Peraldus and the Somme le Roi of Frère Laurent. The taxonomy itself originally comes from Cassian, who offers it as an aid to the monastic practices of supervised, therapeutic self-examination that would ultimately evolve into the ritual of confession. Although more dominant in earlier medieval penance this monastic impulse never disappears. The laicized quest for spiritual perfection celebrated in the pastoralia outside of canon law, and aimed specifically at vernacular audiences, clearly held its own attractions for the fiercely anti-clerical Langland. It would have helped Thomas’s case had he at least acknowledged them. That is not to say Thomas’s larger claims are wrong; just that they are insufficiently demonstrated. There is no disputing Langland’s intense engagement with canon law in the episodes Thomas analyzes. It may now lie to Langland scholarship as a whole to reckon with their importance.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"252 - 255"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43171246","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 Lives and Deaths of Shelter Animals","authors":"Jishnu Guha-Majumdar","doi":"10.1177/17438721221090086e","DOIUrl":"https://doi.org/10.1177/17438721221090086e","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"18 1","pages":"263 - 265"},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48630518","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":"Louis-Charles Viossat, Lecturer Global Social Policy, Sciences Po, Palliative Care Strategy in France: What Lessons?","authors":"","doi":"10.5771/9783748921271-56","DOIUrl":"https://doi.org/10.5771/9783748921271-56","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"46 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77899698","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":"Michael Eichberger, Richter Bundesverfassungsgericht a.D., Honorarprofessor Eberhard Karls University Tübingen, Judgment of the Federal Constitutional Court of February 26, 2020, on the Criminalisatio...","authors":"","doi":"10.5771/9783748921271-29","DOIUrl":"https://doi.org/10.5771/9783748921271-29","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"21 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81548737","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":"Stephanie Rohlfing-Dijoux, Professor University Paris Nanterre, The application of end-of life legislation to minors : A Comparative approach between French, German and English Law","authors":"","doi":"10.5771/9783748921271-90","DOIUrl":"https://doi.org/10.5771/9783748921271-90","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"37 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81223160","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":"Jeanne Mesmin d'Estienne, Lecturer at the University of Lyon II – Lumières, Avocat à la Cour, Discourses on the end of life, from politics to law: historical dynamics and contemporary perspectives.","authors":"","doi":"10.5771/9783748921271-13","DOIUrl":"https://doi.org/10.5771/9783748921271-13","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"4 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76008526","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}