关节超时

IF 2.2 2区 社会学 Q1 LAW
K. Anderson
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The American cultural conception of \"time\" in \"war\" seeks to confine war to a presumably temporary emergency.3 Policies that would otherwise be legally, politically, socially, and culturally unacceptable-encroachments upon civil rights and liberties, most prominently, but also encroachments upon property rights, and regulatory changes of many kinds from taxation to price controls-become accepted as legitimate, extraordinary measures \"for the duration.\" An uncertain duration, perhaps, but a duration nonetheless assumed in a culturally deep way to be temporary.4 The legitimacy of these war measures is accepted not just because they are claimed to be \"necessary\" in exceptional circumstances. They are also accepted because-independently-American cultural assumptions about the nature of war define them as not merely necessary exceptions, but as temporally confined.5 War in the American historical imagination is temporary.6Necessity in war, then, is the hard master pressing exceptional measures upon society.7 Time, and the assumed temporary nature of war as a state of exception, however, soothes their acceptance and helps establish their legitimacy by contrasting them with \"normal\" times.8 Peace is defined as normality; it is defined as \"normal\" time.9 And yet the rub: the passage of time in war, when it goes on and on (and particularly when it goes on without discernible end or even a way to define an end) tends to harden effects that were supposed to be temporary, confined to the emergency of war, into permanent changes in society and culture.10 Time in war-the passage of time in war-is an independent social cause with its own social and cultural effects. We should therefore not be comforted quite so much as Americans are by the culturally reinforced belief that war, or at any rate, war's effects upon the ordinary life of peacetime, is temporary.In war, Dudziak writes, \"regular time\" is thought to be \"interrupted, and time is out of order.\" 11 The distinction between time \"out of order,\" established by the social condition of war, and regular time, leads to the category of \"wartime,\" which functions as both a passive historical descriptor and a causal cultural actor.12 If the book's title initially deliberately separates the two categories, this is in order to see that their subsequent combination in the text signals a distinct social category of its own, one that is established by the fact of war and the social perception of time, and which has independent effects upon society. At the large historical level, Dudziak notes, war slices \"human experience into eras, creating a before and an after\"-for example, antebellum and postbellum Civil War America, or the \"postwar\" after World War II. 13 Yet beyond merely being a way of descriptively periodizing history-a series of convenient before and after signposts-wartime also functions as an \"abstract historical actor, moving and changing society and creating particular conditions of governance.\"14War Time is a fine and excellent book, an ambitious exercise in the genres of cultural critique and the history of ideas. The genre of cultural criticism is often characterized by the use of cultural materials that range across literature and the arts, high and pop culture, tropes of culture offered and interpreted to reveal some deeper perception of culture and society. …","PeriodicalId":47670,"journal":{"name":"Texas Law Review","volume":"35 1","pages":"859"},"PeriodicalIF":2.2000,"publicationDate":"2013-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Time out of Joint\",\"authors\":\"K. Anderson\",\"doi\":\"10.5040/9781472547774.ch-008\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Time Out of Joint WAR TIME: AN IDEA, ITS HISTORY, ITS CONSEQUENCES. By Mary L. Dudziak. New York, New York: Oxford University Press, 2012. 221 pages. $24.95.The eminent legal historian Mary L. Dudziak has written a book on the meaning of time in war. The separation of the words as found in the title, War and Time, appears to be deliberate.1 Dudziak's essay proposes to isolate and identify the effects of time as it passes during war-particularly when it is a long and indefinite time-upon a society and ultimately upon a culture. Time in the course of war is, in this telling, both jaws and tail of the dragon. It is both cause and effect, within and upon culture and society.2This plays out in a special way for Americans, however. The American cultural conception of \\\"time\\\" in \\\"war\\\" seeks to confine war to a presumably temporary emergency.3 Policies that would otherwise be legally, politically, socially, and culturally unacceptable-encroachments upon civil rights and liberties, most prominently, but also encroachments upon property rights, and regulatory changes of many kinds from taxation to price controls-become accepted as legitimate, extraordinary measures \\\"for the duration.\\\" An uncertain duration, perhaps, but a duration nonetheless assumed in a culturally deep way to be temporary.4 The legitimacy of these war measures is accepted not just because they are claimed to be \\\"necessary\\\" in exceptional circumstances. They are also accepted because-independently-American cultural assumptions about the nature of war define them as not merely necessary exceptions, but as temporally confined.5 War in the American historical imagination is temporary.6Necessity in war, then, is the hard master pressing exceptional measures upon society.7 Time, and the assumed temporary nature of war as a state of exception, however, soothes their acceptance and helps establish their legitimacy by contrasting them with \\\"normal\\\" times.8 Peace is defined as normality; it is defined as \\\"normal\\\" time.9 And yet the rub: the passage of time in war, when it goes on and on (and particularly when it goes on without discernible end or even a way to define an end) tends to harden effects that were supposed to be temporary, confined to the emergency of war, into permanent changes in society and culture.10 Time in war-the passage of time in war-is an independent social cause with its own social and cultural effects. We should therefore not be comforted quite so much as Americans are by the culturally reinforced belief that war, or at any rate, war's effects upon the ordinary life of peacetime, is temporary.In war, Dudziak writes, \\\"regular time\\\" is thought to be \\\"interrupted, and time is out of order.\\\" 11 The distinction between time \\\"out of order,\\\" established by the social condition of war, and regular time, leads to the category of \\\"wartime,\\\" which functions as both a passive historical descriptor and a causal cultural actor.12 If the book's title initially deliberately separates the two categories, this is in order to see that their subsequent combination in the text signals a distinct social category of its own, one that is established by the fact of war and the social perception of time, and which has independent effects upon society. At the large historical level, Dudziak notes, war slices \\\"human experience into eras, creating a before and an after\\\"-for example, antebellum and postbellum Civil War America, or the \\\"postwar\\\" after World War II. 13 Yet beyond merely being a way of descriptively periodizing history-a series of convenient before and after signposts-wartime also functions as an \\\"abstract historical actor, moving and changing society and creating particular conditions of governance.\\\"14War Time is a fine and excellent book, an ambitious exercise in the genres of cultural critique and the history of ideas. 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引用次数: 0

摘要

联合战争时期之外的时间:一个想法,它的历史,它的后果。玛丽·l·杜济亚克著。纽约:牛津大学出版社,2012。221页。24.95美元。著名的法律历史学家Mary L. Dudziak写了一本关于战争中时间意义的书。从书名《战争与时间》中可以看出,这两个词的分离似乎是有意为之杜齐亚克的文章提出孤立并确定战争期间时间流逝的影响——特别是当战争持续时间很长且不确定时——对一个社会,最终对一种文化的影响。在这个故事中,战争中的时间是龙的下巴和尾巴。它既是文化和社会内部的原因,也是文化和社会之上的结果。然而,这对美国人来说却有一种特殊的影响。美国文化对“战争”中的“时间”概念试图将战争限定为一种可能是暂时的紧急状态那些在法律上、政治上、社会上和文化上都无法被接受的政策——最显著的是侵犯公民权利和自由,但也包括侵犯财产权,以及从税收到价格控制等多种监管变化——都被视为合法的、“暂时”的特殊措施而被接受。也许是一个不确定的持续时间,但从文化的深度角度来看,这个持续时间被认为是暂时的这些战争措施的合法性之所以被接受,不仅仅是因为它们被认为是在特殊情况下“必要的”。它们被接受的另一个原因是——独立地——美国文化对战争本质的假设把它们定义为不仅是必要的例外,而且是暂时的限制在美国人的历史想象中,战争是暂时的。因此,战争的必要性是对社会施加特殊措施的严厉的主人然而,时间,以及战争作为一种例外状态的假定的暂时性质,缓和了人们对它们的接受,并通过将它们与“正常”时期进行对比,帮助确立了它们的合法性和平被定义为常态;它被定义为“正常”时间然而,问题是:战争中时间的流逝,当战争持续不断时(特别是当战争没有明显的结束,甚至没有办法定义结束的时候),往往会使本应是暂时的、仅限于战争紧急情况的影响,变成社会和文化的永久变化战争中的时间——战争中的时间流逝——是一个独立的社会原因,有其自身的社会和文化影响。因此,我们不应该像美国人那样,因为文化上强化了一种信念,即战争,或者至少是战争对和平时期普通生活的影响是暂时的,而感到宽慰。杜齐亚克写道,在战争中,“正常时间”被认为是“中断的,时间失去了秩序”。由战争的社会条件所建立的“无序”时间与正常时间之间的区别,导致了“战时”的范畴,它既是被动的历史描述者,也是因果文化行动者如果这本书的标题一开始就有意将这两个类别分开,这是为了看到它们随后在文本中的组合表明了一个独特的社会类别,一个由战争事实和社会对时间的看法建立起来的社会类别,它对社会有独立的影响。杜齐亚克指出,在大的历史层面上,战争将“人类的经历划分为不同的时代,创造了一个之前和一个之后”——例如,内战前和战后的美国内战,或者二战后的“战后”。然而,战争不仅仅是一种描述历史分期的方式——一系列方便的前后路标——它还起着“抽象的历史角色,推动和改变社会,创造特殊的治理条件”的作用。《战争时期》是一本优秀的书,在文化批判和思想史方面进行了雄心勃勃的尝试。文化批评的类型通常以使用文化材料为特征,这些文化材料的范围跨越文学和艺术,高级和流行文化,提供和解释文化的比喻,以揭示对文化和社会的一些更深层次的看法。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Time out of Joint
Time Out of Joint WAR TIME: AN IDEA, ITS HISTORY, ITS CONSEQUENCES. By Mary L. Dudziak. New York, New York: Oxford University Press, 2012. 221 pages. $24.95.The eminent legal historian Mary L. Dudziak has written a book on the meaning of time in war. The separation of the words as found in the title, War and Time, appears to be deliberate.1 Dudziak's essay proposes to isolate and identify the effects of time as it passes during war-particularly when it is a long and indefinite time-upon a society and ultimately upon a culture. Time in the course of war is, in this telling, both jaws and tail of the dragon. It is both cause and effect, within and upon culture and society.2This plays out in a special way for Americans, however. The American cultural conception of "time" in "war" seeks to confine war to a presumably temporary emergency.3 Policies that would otherwise be legally, politically, socially, and culturally unacceptable-encroachments upon civil rights and liberties, most prominently, but also encroachments upon property rights, and regulatory changes of many kinds from taxation to price controls-become accepted as legitimate, extraordinary measures "for the duration." An uncertain duration, perhaps, but a duration nonetheless assumed in a culturally deep way to be temporary.4 The legitimacy of these war measures is accepted not just because they are claimed to be "necessary" in exceptional circumstances. They are also accepted because-independently-American cultural assumptions about the nature of war define them as not merely necessary exceptions, but as temporally confined.5 War in the American historical imagination is temporary.6Necessity in war, then, is the hard master pressing exceptional measures upon society.7 Time, and the assumed temporary nature of war as a state of exception, however, soothes their acceptance and helps establish their legitimacy by contrasting them with "normal" times.8 Peace is defined as normality; it is defined as "normal" time.9 And yet the rub: the passage of time in war, when it goes on and on (and particularly when it goes on without discernible end or even a way to define an end) tends to harden effects that were supposed to be temporary, confined to the emergency of war, into permanent changes in society and culture.10 Time in war-the passage of time in war-is an independent social cause with its own social and cultural effects. We should therefore not be comforted quite so much as Americans are by the culturally reinforced belief that war, or at any rate, war's effects upon the ordinary life of peacetime, is temporary.In war, Dudziak writes, "regular time" is thought to be "interrupted, and time is out of order." 11 The distinction between time "out of order," established by the social condition of war, and regular time, leads to the category of "wartime," which functions as both a passive historical descriptor and a causal cultural actor.12 If the book's title initially deliberately separates the two categories, this is in order to see that their subsequent combination in the text signals a distinct social category of its own, one that is established by the fact of war and the social perception of time, and which has independent effects upon society. At the large historical level, Dudziak notes, war slices "human experience into eras, creating a before and an after"-for example, antebellum and postbellum Civil War America, or the "postwar" after World War II. 13 Yet beyond merely being a way of descriptively periodizing history-a series of convenient before and after signposts-wartime also functions as an "abstract historical actor, moving and changing society and creating particular conditions of governance."14War Time is a fine and excellent book, an ambitious exercise in the genres of cultural critique and the history of ideas. The genre of cultural criticism is often characterized by the use of cultural materials that range across literature and the arts, high and pop culture, tropes of culture offered and interpreted to reveal some deeper perception of culture and society. …
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来源期刊
CiteScore
1.40
自引率
6.20%
发文量
0
期刊介绍: The Texas Law Review is a national and international leader in legal scholarship. Texas Law Review is an independent journal, edited and published entirely by students at the University of Texas School of Law. Our seven issues per year contain articles by professors, judges, and practitioners; reviews of important recent books from recognized experts, essays, commentaries; and student written notes. Texas Law Review is currently the ninth most cited legal periodical in federal and state cases in the United States and the thirteenth most cited by legal journals.
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