Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i6.111052
Russell L. Dees
John Ford’s The Man Who Shot Liberty Valance is widely regarded as one of his best and darkest films and as a deep meditation on the American foundation myth. This article examines issues raised by John Ford’s film through distinctions Hannah Arendt developed between ‘power’ and ‘violence’ in her 1969 essay “On Violence” and through her analysis of foundation myths in her 1963 book On Revolution and places them in a broader context of political philosophy. Through this conceptual apparatus, we may gain new insight into the way John Ford’s film grapples with issues of law and politics. Moreover, the film provides concrete illustrations of some of the more abstract concepts in Hannah Arendt’s writings.
{"title":"Power, Violence, and the Paradox of Founding in John Ford’s The Man Who Shot Liberty Valance: An Arendtian Approach","authors":"Russell L. Dees","doi":"10.7146/nnjlsr.v0i6.111052","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i6.111052","url":null,"abstract":"John Ford’s The Man Who Shot Liberty Valance is widely regarded as one of his best and darkest films and as a deep meditation on the American foundation myth. This article examines issues raised by John Ford’s film through distinctions Hannah Arendt developed between ‘power’ and ‘violence’ in her 1969 essay “On Violence” and through her analysis of foundation myths in her 1963 book On Revolution and places them in a broader context of political philosophy. Through this conceptual apparatus, we may gain new insight into the way John Ford’s film grapples with issues of law and politics. Moreover, the film provides concrete illustrations of some of the more abstract concepts in Hannah Arendt’s writings.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133288122","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i5.111080
Inger Høedt-Rasmussen, Lise-Lotte Nielsen
For centuries lawyers, broadly understood as judges, notaries, legal officials and private practicing lawyers, have played important roles in society and been members of a strong profession possessing privileges. Also in operas, from the Italian Commedia dell’arte, ‘Il dottore’, to recent lawyer figures, judges, notaries, lawyers, courtrooms, prisons and legal cultures are exposed. These conditions have influenced the reputation of lawyers. This article contributes with reflections about lawyers’ identity through a fruitful inspiring collaboration between an opera singer and a legal scholar. At three levels of analysis, this explorative study searches for connections between societal requirements (what to do), professional requirements (how to act) and legal and ethical expectations of specific lawyer-like behaviour, morality and good citizenship (who to be). The article brings into a dialogue the world of law and the world of opera and compares the construction of lawyer identities in society with different lawyer roles in opera.
{"title":"Lawyers in Opera: The Transformation of the Legal Profession","authors":"Inger Høedt-Rasmussen, Lise-Lotte Nielsen","doi":"10.7146/nnjlsr.v0i5.111080","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i5.111080","url":null,"abstract":"For centuries lawyers, broadly understood as judges, notaries, legal officials and private practicing lawyers, have played important roles in society and been members of a strong profession possessing privileges. Also in operas, from the Italian Commedia dell’arte, ‘Il dottore’, to recent lawyer figures, judges, notaries, lawyers, courtrooms, prisons and legal cultures are exposed. These conditions have influenced the reputation of lawyers. This article contributes with reflections about lawyers’ identity through a fruitful inspiring collaboration between an opera singer and a legal scholar. At three levels of analysis, this explorative study searches for connections between societal requirements (what to do), professional requirements (how to act) and legal and ethical expectations of specific lawyer-like behaviour, morality and good citizenship (who to be). The article brings into a dialogue the world of law and the world of opera and compares the construction of lawyer identities in society with different lawyer roles in opera.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130505345","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i5.111079
Helle Blomquist
Can literary fiction provide a specifically advantageous framework for discussions about law and legal culture in an increasingly diverse society? This study addresses the challenges that some aspects of postmodernity pose to legal culture and legal thinking in the Danish welfare state. Showing how literature can take an open space in public debate I venture into an analysis of two Danish literary creations – the poem ‘The Coffee Break Team’ [Da: Kaffeholdet. My translation] from 2013 and a novel Pelle, The Conqueror, written 1907-10. As a third dimension a small sample of students is inquired about the poem. They are studying to become welfare state professionals and hence bearers of the relation between the state and its citizens. I discuss my literature samples against changes that have taken place in the Danish nation building project involving inclusion or exclusion of groups of the population. In a concluding section I balance my findings in relation to the initial question and place them within the law and literature tradition.
{"title":"Literary Lessons in Law: Legal Culture in a Changing Welfare State","authors":"Helle Blomquist","doi":"10.7146/nnjlsr.v0i5.111079","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i5.111079","url":null,"abstract":"Can literary fiction provide a specifically advantageous framework for discussions about law and legal culture in an increasingly diverse society? This study addresses the challenges that some aspects of postmodernity pose to legal culture and legal thinking in the Danish welfare state. Showing how literature can take an open space in public debate I venture into an analysis of two Danish literary creations – the poem ‘The Coffee Break Team’ [Da: Kaffeholdet. My translation] from 2013 and a novel Pelle, The Conqueror, written 1907-10. As a third dimension a small sample of students is inquired about the poem. They are studying to become welfare state professionals and hence bearers of the relation between the state and its citizens. I discuss my literature samples against changes that have taken place in the Danish nation building project involving inclusion or exclusion of groups of the population. In a concluding section I balance my findings in relation to the initial question and place them within the law and literature tradition.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129212641","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i6.111056
Merima Bruncevic
No abstract
没有抽象的
{"title":"We Need to Talk About the Cultural Commons: Some Musings on Rhizomatic Jurisprudence and Access to Art","authors":"Merima Bruncevic","doi":"10.7146/nnjlsr.v0i6.111056","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i6.111056","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123402550","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i3.111105
Ridwanul Hoque
The history of women entering the legal profession in Bangladesh is quite recent. This is not surprising. Even in Western societies, with liberal cultural ideologies as regards gender-equality, women had to fight a lot to create a space for themselves in the legal profession. In the US case of Bradwell v. State of Illinois (1872), for example, the Supreme Court refused to allow a married woman into legal practice, arguing that 'the paramount destiny' of women is to fulfill the noble office of 'wife and mother'. Women in Bangladesh aspiring to enter the legal profession never faced such overt 'official' hurdles from the fellows of the same profession. Rather, a number of social, religious, professional, environmental and ideological factors have often stood, in various degrees, in their way. The Constitution of Bangladesh categorically prohibits discrimination based, among others, on sex. By contrast, it imposes a duty on the state to promote women's participation in every sphere of public life. Nevertheless, it is argued in this paper, Bangladeshi women in various walks of the legal profession continue to face implicit gender discrimination. There are factors that both dissuade women from choosing law as a profession and retard the career of those who are already in the profession. This paper brings into light and examines the factors that are arguably responsible for the hidden discrimination against women in the legal profession. For the purpose of this paper, the term 'legal profession' is used to mean legal practice in courts and elsewhere and the profession in the judiciary.
{"title":"Gender and the Legal Profession in Bangladesh: Achievements and Challenges","authors":"Ridwanul Hoque","doi":"10.7146/nnjlsr.v0i3.111105","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i3.111105","url":null,"abstract":"The history of women entering the legal profession in Bangladesh is quite recent. This is not surprising. Even in Western societies, with liberal cultural ideologies as regards gender-equality, women had to fight a lot to create a space for themselves in the legal profession. In the US case of Bradwell v. State of Illinois (1872), for example, the Supreme Court refused to allow a married woman into legal practice, arguing that 'the paramount destiny' of women is to fulfill the noble office of 'wife and mother'. Women in Bangladesh aspiring to enter the legal profession never faced such overt 'official' hurdles from the fellows of the same profession. Rather, a number of social, religious, professional, environmental and ideological factors have often stood, in various degrees, in their way. The Constitution of Bangladesh categorically prohibits discrimination based, among others, on sex. By contrast, it imposes a duty on the state to promote women's participation in every sphere of public life. Nevertheless, it is argued in this paper, Bangladeshi women in various walks of the legal profession continue to face implicit gender discrimination. There are factors that both dissuade women from choosing law as a profession and retard the career of those who are already in the profession. This paper brings into light and examines the factors that are arguably responsible for the hidden discrimination against women in the legal profession. For the purpose of this paper, the term 'legal profession' is used to mean legal practice in courts and elsewhere and the profession in the judiciary.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131889317","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i6.111063
S. T. Madsen
No abstract
没有抽象的
{"title":"Book Review: Pakistan’s Experience with Formal Law: An Alien Justice","authors":"S. T. Madsen","doi":"10.7146/nnjlsr.v0i6.111063","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i6.111063","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131245215","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i2.111121
Antonio De Lauri
No abstract
没有抽象的
{"title":"Afghanistan: Corruption and Injustice in the Judicial System","authors":"Antonio De Lauri","doi":"10.7146/nnjlsr.v0i2.111121","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i2.111121","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114391957","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i5.111084
Peter Bengtsen, M. Arvidsson
This article presents the notion of spatial justice as a way of considering the relationship between law and street art in a manner beyond the legal/illegal dichotomy. Through a series of empirical examples, it is demonstrated how street art literally takes a place already taken and imposes itself in an already appropriated urban public space. Street art thus redefines the space in contestation to law. However, street art is ephemeral and its taking of space is not permanent. Street art points to an alternative spatial definition, one of spatial justice, before – and, indeed, while – withdrawing from the space it occupies. Street art creates a rupture in the lawscape which makes explicit the presence and claims of law, thereby also making the need for law’s other – justice – pronounced. The question of relationality between law and street art which we bring forth in the present article plays itself out as a production of space and spatial justice in an exchange of place-taking, withdrawal and pronounciation. Spatial justice, as we perceive it here, is thus a way of thinking about law and street art not simply as polar opposites, but rather as co-dependent and bound together in an ongoing process of oscillation, mutual reinforcement and creativity.
{"title":"Spatial Justice and Street Art","authors":"Peter Bengtsen, M. Arvidsson","doi":"10.7146/nnjlsr.v0i5.111084","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i5.111084","url":null,"abstract":"This article presents the notion of spatial justice as a way of considering the relationship between law and street art in a manner beyond the legal/illegal dichotomy. Through a series of empirical examples, it is demonstrated how street art literally takes a place already taken and imposes itself in an already appropriated urban public space. Street art thus redefines the space in contestation to law. However, street art is ephemeral and its taking of space is not permanent. Street art points to an alternative spatial definition, one of spatial justice, before – and, indeed, while – withdrawing from the space it occupies. Street art creates a rupture in the lawscape which makes explicit the presence and claims of law, thereby also making the need for law’s other – justice – pronounced. The question of relationality between law and street art which we bring forth in the present article plays itself out as a production of space and spatial justice in an exchange of place-taking, withdrawal and pronounciation. Spatial justice, as we perceive it here, is thus a way of thinking about law and street art not simply as polar opposites, but rather as co-dependent and bound together in an ongoing process of oscillation, mutual reinforcement and creativity.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115555472","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i1.111131
M. Chaudhary
No abstract
没有抽象的
{"title":"Understanding Daughter’s Traditional Share in Patrimony Sisters and Wives in the Pakistani Punjab","authors":"M. Chaudhary","doi":"10.7146/nnjlsr.v0i1.111131","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i1.111131","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128709564","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}
Pub Date : 2015-12-01DOI: 10.7146/nnjlsr.v0i2.111123
G. Hatzfeldt
No abstract
没有抽象的
{"title":"Vernacular Anti-Corruption: Rural Experiments with Agendas of Good Governance","authors":"G. Hatzfeldt","doi":"10.7146/nnjlsr.v0i2.111123","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i2.111123","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121661745","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}
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