Law Culture and the Humanities最新文献_第9页

Indian “Love Jihad” Goes to Court 印度“爱圣战”告上法庭

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Law Culture and the Humanities Pub Date : 2021-10-29 DOI: 10.1007/978-3-030-81193-8_4

Anna Juzaszek

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Exploring New Avenues for Studying the Legal Culture: Drawing on Homi Bhabha’s Theorization of “Culture” 探索法律文化研究的新途径——以巴巴的“文化”理论为鉴

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Law Culture and the Humanities Pub Date : 2021-10-29 DOI: 10.1007/978-3-030-81193-8_2

M. Stępień

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Copyright and Culture: The Case of Poland 版权与文化:波兰的案例

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Law Culture and the Humanities Pub Date : 2021-10-29 DOI: 10.1007/978-3-030-81193-8_7

E. Radomska

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“In This Case, Can There Be No Talk About Such a Justification Through Circumstances”? A Case Study of the Invocation of Cultural Defense Outside the Common Law “在这种情况下，就不能通过情况来讨论这种正当性吗?”普通法外文化防卫之援引个案研究

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Law Culture and the Humanities Pub Date : 2021-10-29 DOI: 10.1007/978-3-030-81193-8_6

Joanna Ptak-Chmiel

引用次数: 1

Palestinian Culture Through a Legal Lens: A Case Study of Customary Legal Proceedings After a Homicide in Hebron 法律视角下的巴勒斯坦文化:希伯伦杀人案后习惯法诉讼案例研究

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Law Culture and the Humanities Pub Date : 2021-10-29 DOI: 10.1007/978-3-030-81193-8_5

E. Górska

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Legitimacy, Signature and Sovereignty in Derrida 德里达的合法性、特征与主权

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Law Culture and the Humanities Pub Date : 2021-10-15 DOI: 10.1177/17438721211043230

Andro Kitus

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Last Words of the Condemned: Christian-Humanist Rhetoric in the American Abolition Debate 死刑犯的遗言:美国废奴辩论中的基督教-人文主义修辞

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Law Culture and the Humanities Pub Date : 2021-10-15 DOI: 10.1177/17438721211047118

Ari M Mattes

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The Death of the Data Subject 数据主体之死

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Law Culture and the Humanities Pub Date : 2021-10-08 DOI: 10.1177/17438721211049376

Gordon Hull

{"title":"The Death of the Data Subject","authors":"Gordon Hull","doi":"10.1177/17438721211049376","DOIUrl":"https://doi.org/10.1177/17438721211049376","url":null,"abstract":"This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43578656","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

Editorial 编辑

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Law Culture and the Humanities Pub Date : 2021-10-01 DOI: 10.1177/17438721211018900

A. Sarat

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Criminalizing Unto Death as Act of Judgment, Act of War: The Suicidal Rationality of the Death Penalty 将死亡定罪为判决行为、战争行为:死刑的自杀理性

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Law Culture and the Humanities Pub Date : 2021-10-01 DOI: 10.1177/17438721211043231

Rahul Govind

{"title":"Criminalizing Unto Death as Act of Judgment, Act of War: The Suicidal Rationality of the Death Penalty","authors":"Rahul Govind","doi":"10.1177/17438721211043231","DOIUrl":"https://doi.org/10.1177/17438721211043231","url":null,"abstract":"This paper attempts to establish that capital punishment is not rational and cannot be rationalized without suicidally destroying the very ground on which lawful and rational punishment bases itself. It argues that in capital punishment, just as in any lawful punishment, the criminal is both held (humanly) rational and therefore culpable. But, unlike other forms of punishment, in capital punishment, the condemned is at the same time, held as irrational and irredeemable, beyond reform, and therein outside the ambit of rationality and humanity. In this sense a fundamental aporia is reached in rationalizing capital punishment because of the contradiction between the basis of punishment (the human as rational) and its operational logic (the condemned person as beyond reform therein irrational). Expressed another way, the judge proclaims a form of infallibility in their reasoning where the incorrigibility of the judgment is horrifically demonstrated and ironically reflected (and projected) in the incorrigibility of the condemned. This broad argument is pursued in two parts; one part interprets canonical texts such as Hobbes, Hegel and Foucault, while the second part interprets the Supreme Court of India’s jurisprudence around the death penalty. While these are very different discourses it will be shown that they share much common ground in their expressing—and negotiating—the fundamental problem as described above.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44117599","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