LAW AND CRITIQUE最新文献_第2页

Negri’s “Minor Jurisprudence” 奈格里的 "小法理学"

IF 1.2

LAW AND CRITIQUE Pub Date : 2024-04-06 DOI: 10.1007/s10978-024-09374-9

Costas Douzinas

引用次数: 0

Negri’s Journey: A Roadmap 奈格里的旅程路线图

IF 1.2

LAW AND CRITIQUE Pub Date : 2024-03-15 DOI: 10.1007/s10978-024-09375-8

E. Christodoulidis

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Nachleben der Antike, Time, and Restitution: Notes for a Nocturnal Jurisprudence of the Image Nachleben der Antike, Time, and Restitution：夜间图像法理学笔记

IF 1.2

LAW AND CRITIQUE Pub Date : 2024-03-09 DOI: 10.1007/s10978-023-09371-4

Igor Stramignoni

{"title":"Nachleben der Antike, Time, and Restitution: Notes for a Nocturnal Jurisprudence of the Image","authors":"Igor Stramignoni","doi":"10.1007/s10978-023-09371-4","DOIUrl":"https://doi.org/10.1007/s10978-023-09371-4","url":null,"abstract":"Justice is usually represented as a feminine figure holding a pair of scales and a sword. The history of that image is relatively recent and has attracted a great deal of attention. However, a different appreciation of it may come from a “nocturnal” jurisprudence seeking to foreground its presence and effects in the transmission of modern culture and so also of law. In this essay, I take my cue from Aby Warburg and the Pathosformeln that, he suggested, can be glimpsed through certain material objects inherited from the past—specifically, Dürer’s The Death of Orpheus and other related visual art. I then consider what Giorgio Agamben calls ‘the image of the image’ emphasising the timely quality of those images and I ask, with Georges Didi-Huberman, whether it might not be high time to “return” that which those images ostensibly show. The associations established in this essay between those different insights may help to recognise the extent to which the innumerable images to do with justice found at the four corners of the world can make the cognitive and emotional experience of those encountering them a rather more complex and potentially problematic affair than it may be at first supposed. What, on closer inspection, can those images give us to see? Are the ancient configurations they sometimes transmit not made up of crystals of historical memory carrying dormant energies that could be suddenly reignited in unpredictable ways? Should the task ahead not be, in some cases, one of restitution—the inapparent gift that turns the “blotted-out” into something striking that can be then handed over and known? These, I argue, are some of the questions a “nocturnal” jurisprudence of the image can be about.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140098707","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

No Such Thing as Free Speech? Performativity, Free Speech, and Academic Freedom in the UK 没有言论自由这回事？英国的表演性、自由言论和学术自由

IF 1.2

LAW AND CRITIQUE Pub Date : 2024-01-17 DOI: 10.1007/s10978-023-09373-2

Jana Bacevic

{"title":"No Such Thing as Free Speech? Performativity, Free Speech, and Academic Freedom in the UK","authors":"Jana Bacevic","doi":"10.1007/s10978-023-09373-2","DOIUrl":"https://doi.org/10.1007/s10978-023-09373-2","url":null,"abstract":"The relationship between academic freedom and freedom of speech features prominently in public and political discussions concerning the role of universities in Western liberal democracies. Recently, these debates have attracted increased attention, owing in part to media framing of a ‘free speech crisis’, especially in UK and US universities. One type of response is to regulate academic expression through legislation, such as the UK’s 2023 Higher Education (Freedom of Speech) Act. This article offers a critical analysis of the assumptions concerning the performativity of speech in this kind of legal intervention. It extends Judith Butler’s discussion of the concept of ‘harmful speech’ as reported by Butler (Excitable speech: a politics of the performative, Routledge Classics, London, 1997) to conceptualize speech-acts as performative not only when it comes to populations, but also when it comes to institutions. Reconceptualizing universities as producing as well as being constituted by speech-acts, the article argues that the effects of free speech legislation need to be considered in the context of the transformation of universities and other political actors (including governments and student unions) in the second half of the twentieth and the beginning of the twenty-first century. It argues that legal enforcement of free speech at universities further obscures the distinction between negative and positive liberties identified by Isaiah Berlin (Two Concepts of Liberty, Oxford University Press, Oxford, 1958), and considers this shift as part of the reconfiguration of political ontology in late modernity.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139497993","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

Reconfiguring Sovereignties Through the Law: Indigenous Patrimonialization in the Americas 通过法律重构主权：美洲原住民的世袭化

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-12-21 DOI: 10.1007/s10978-023-09372-3

Patricio Espinosa

引用次数: 0

AULL LEEGAL PLURARIBILITIES 所有的法律多元性

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-11-18 DOI: 10.1007/s10978-023-09370-5

Håkan Gustafsson

引用次数: 0

Legal Survivals and the Resilience of Juridical Form 法律残存与法律形式的弹性

LAW AND CRITIQUE Pub Date : 2023-11-06 DOI: 10.1007/s10978-023-09357-2

Rafał Mańko

{"title":"Legal Survivals and the Resilience of Juridical Form","authors":"Rafał Mańko","doi":"10.1007/s10978-023-09357-2","DOIUrl":"https://doi.org/10.1007/s10978-023-09357-2","url":null,"abstract":"Abstract Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to in the paper as “legal survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635020","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

For I Do Not Know How to Act: Tadeusz Kantor and the Reality of Theatre 《因为我不知道如何表演:塔德乌什·坎特与戏剧的现实》

LAW AND CRITIQUE Pub Date : 2023-11-04 DOI: 10.1007/s10978-023-09368-z

Thanos Zartaloudis

引用次数: 0

Ethics: An Impossible Politics—Perversion, Law and Racial Difference 伦理:一种不可能的政治扭曲、法律与种族差异

LAW AND CRITIQUE Pub Date : 2023-10-25 DOI: 10.1007/s10978-023-09369-y

Andreja Zevnik

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Ari Hirvonen, Critical Legal Scholar, 1960-2021 阿里·希尔沃宁，批判法律学者，1960-2021

LAW AND CRITIQUE Pub Date : 2023-10-24 DOI: 10.1007/s10978-023-09364-3

Angus McDonald

引用次数: 0