Pub Date : 2023-09-08DOI: 10.1080/17521483.2023.2256190
Alex Feldman
the legal history of
法律史
{"title":"Law as performance: theatricality, spectatorship, and the making of law in ancient, medieval, and early modern Europe","authors":"Alex Feldman","doi":"10.1080/17521483.2023.2256190","DOIUrl":"https://doi.org/10.1080/17521483.2023.2256190","url":null,"abstract":"the legal history of","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46392100","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 : 2023-08-25DOI: 10.1080/17521483.2023.2239690
Mirosław Michał Sadowski, DCL, Seyed Mohammad Amin Zavarei
{"title":"Changing presents, shifting past(s): the diverse interests of transitional justice and cultural heritage in the case of the Iranian revolution","authors":"Mirosław Michał Sadowski, DCL, Seyed Mohammad Amin Zavarei","doi":"10.1080/17521483.2023.2239690","DOIUrl":"https://doi.org/10.1080/17521483.2023.2239690","url":null,"abstract":"","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47507238","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 : 2023-08-06DOI: 10.1080/17521483.2023.2236913
Susanna Menis
ABSTRACT The Netflix nineteenth-century period drama The Law According to Lidia Poet presents the adventures of a young Italian law graduate in her pursuit of solving murder cases. Lidia Poet is not a fictional character, but very little is known about her journey to become a lawyer- and the series only adds a little to this knowledge. This review has several aims. First, it will reconsider the implications of reel history. Second, it will add some context to Netflix’s introduction of Lidia Poet and compare her experiences accessing the legal profession with her English colleagues, such as Bertha Cave and Gwyneth Bebb. Attention will be paid to the courts’ rejections of their appeals.
{"title":"The untold story of the first Italian-Turinese female lawyer: Netflix’s The Law According to Lidia Poet","authors":"Susanna Menis","doi":"10.1080/17521483.2023.2236913","DOIUrl":"https://doi.org/10.1080/17521483.2023.2236913","url":null,"abstract":"ABSTRACT The Netflix nineteenth-century period drama The Law According to Lidia Poet presents the adventures of a young Italian law graduate in her pursuit of solving murder cases. Lidia Poet is not a fictional character, but very little is known about her journey to become a lawyer- and the series only adds a little to this knowledge. This review has several aims. First, it will reconsider the implications of reel history. Second, it will add some context to Netflix’s introduction of Lidia Poet and compare her experiences accessing the legal profession with her English colleagues, such as Bertha Cave and Gwyneth Bebb. Attention will be paid to the courts’ rejections of their appeals.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47600946","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 : 2023-07-25DOI: 10.1080/17521483.2023.2236912
A. Louis, A. Subryan, C. Westaby
The representation of female lawyers in film and television has long been indicative of wider issues of patriarchal crisis. Seminal works by Cynthia Lucia ( Framing Female Lawyers , 2005) and Orit Kamir ( Framed: Women in Law and Film , 2005) have alerted us to the ambivalent representations of female lawyers as personifications of progress, embodiments of social justice and epithets of powerful career women. Women lawyers, Lucia contends, regularly end up on trial themselves for violating norms of femininity and rebelling against patriarchal authority. This paper analyses the representation of female lawyers in the BBC drama The Split (2018–2022) and suggests a more positive reading of female ambivalence. The paper is informed by law and visual culture theory, professional identity theory and community of coping theory to shed light on the emotional complexities, tensions and conflicts that divorce lawyers manage daily.
{"title":"Law and emotions in The Split","authors":"A. Louis, A. Subryan, C. Westaby","doi":"10.1080/17521483.2023.2236912","DOIUrl":"https://doi.org/10.1080/17521483.2023.2236912","url":null,"abstract":"The representation of female lawyers in film and television has long been indicative of wider issues of patriarchal crisis. Seminal works by Cynthia Lucia ( Framing Female Lawyers , 2005) and Orit Kamir ( Framed: Women in Law and Film , 2005) have alerted us to the ambivalent representations of female lawyers as personifications of progress, embodiments of social justice and epithets of powerful career women. Women lawyers, Lucia contends, regularly end up on trial themselves for violating norms of femininity and rebelling against patriarchal authority. This paper analyses the representation of female lawyers in the BBC drama The Split (2018–2022) and suggests a more positive reading of female ambivalence. The paper is informed by law and visual culture theory, professional identity theory and community of coping theory to shed light on the emotional complexities, tensions and conflicts that divorce lawyers manage daily.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46988282","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 : 2023-07-18DOI: 10.1080/17521483.2023.2236910
C. Marneros
{"title":"Anarchism: an art of living without law","authors":"C. Marneros","doi":"10.1080/17521483.2023.2236910","DOIUrl":"https://doi.org/10.1080/17521483.2023.2236910","url":null,"abstract":"","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46608944","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 : 2023-07-06DOI: 10.1080/17521483.2023.2223803
H. Rutherford, Clare Sandford-Couch
ABSTRACT Between c.1825–1856, a French-born artist, Joseph Bouet, made approximately sixty pencil sketches in the criminal courtroom at Durham, of legal actors including judges, lawyers, and defendants. Our research is the first detailed analysis of these images by legal scholars. It is presented in two parts, which can be read as separate and independent pieces, but each gain from being read in conjunction with the other. In Part 1 of this series of two articles we discussed potential theoretical approaches to analysis of the images and their importance to socio-legal and legal historical scholarship (cross ref). In this Part 2, we explore Bouet’s courtroom sketches of legal actors as the rare and unusual starting point for a microhistorical analysis examining individual interaction(s) with the criminal justice process in the mid-nineteenth century. This article demonstrates that with detailed research these previously overlooked images can offer a unique window into aspects of nineteenth century legal history, with much to tell us about legal institutions, the people who worked within them and the ‘objects/subjects’ of the law. This study makes an important contribution to the growing body of scholarship on the interface between history, law and the visual.
{"title":"Joseph Bouet in the Durham criminal court (c.1825–1856): picturing nineteenth century courtroom actors. Part 2 three case studies","authors":"H. Rutherford, Clare Sandford-Couch","doi":"10.1080/17521483.2023.2223803","DOIUrl":"https://doi.org/10.1080/17521483.2023.2223803","url":null,"abstract":"ABSTRACT Between c.1825–1856, a French-born artist, Joseph Bouet, made approximately sixty pencil sketches in the criminal courtroom at Durham, of legal actors including judges, lawyers, and defendants. Our research is the first detailed analysis of these images by legal scholars. It is presented in two parts, which can be read as separate and independent pieces, but each gain from being read in conjunction with the other. In Part 1 of this series of two articles we discussed potential theoretical approaches to analysis of the images and their importance to socio-legal and legal historical scholarship (cross ref). In this Part 2, we explore Bouet’s courtroom sketches of legal actors as the rare and unusual starting point for a microhistorical analysis examining individual interaction(s) with the criminal justice process in the mid-nineteenth century. This article demonstrates that with detailed research these previously overlooked images can offer a unique window into aspects of nineteenth century legal history, with much to tell us about legal institutions, the people who worked within them and the ‘objects/subjects’ of the law. This study makes an important contribution to the growing body of scholarship on the interface between history, law and the visual.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44438273","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 : 2023-06-26DOI: 10.1080/17521483.2023.2223800
H. Rutherford, Clare Sandford-Couch
ABSTRACT Between c.1825–1856, a French-born artist, Joseph Bouet, made approximately sixty pencil sketches of legal actors in the courtroom at Durham; including images of judges, lawyers, and defendants. Legal imagery from this period in North East England is rare and our research (presented in two parts) is the first detailed analysis of these sketches by legal scholars. This article introduces our preliminary analysis of Bouet’s sketches. We explore potential theoretical approaches and demonstrate that the images show the law in practice in a specific nineteenth century context. The value of our analysis is in revealing what the images tell us about legal institutions, the people who worked within them and the ‘objects/subjects’ of the law. The study makes an important contribution to socio-legal scholarship in demonstrating the value of such images as an underused source in legal historical research. The sketches are also the subject of a second article, Part 2 which presents three detailed case studies. The articles can be read as separate and independent pieces, but each benefit from being read in conjunction with the other.
{"title":"Joseph Bouet in the Durham criminal court (c.1825–1856): picturing nineteenth century courtroom actors. Part 1: lines of enquiry","authors":"H. Rutherford, Clare Sandford-Couch","doi":"10.1080/17521483.2023.2223800","DOIUrl":"https://doi.org/10.1080/17521483.2023.2223800","url":null,"abstract":"ABSTRACT Between c.1825–1856, a French-born artist, Joseph Bouet, made approximately sixty pencil sketches of legal actors in the courtroom at Durham; including images of judges, lawyers, and defendants. Legal imagery from this period in North East England is rare and our research (presented in two parts) is the first detailed analysis of these sketches by legal scholars. This article introduces our preliminary analysis of Bouet’s sketches. We explore potential theoretical approaches and demonstrate that the images show the law in practice in a specific nineteenth century context. The value of our analysis is in revealing what the images tell us about legal institutions, the people who worked within them and the ‘objects/subjects’ of the law. The study makes an important contribution to socio-legal scholarship in demonstrating the value of such images as an underused source in legal historical research. The sketches are also the subject of a second article, Part 2 which presents three detailed case studies. The articles can be read as separate and independent pieces, but each benefit from being read in conjunction with the other.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47187219","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 : 2023-06-20DOI: 10.1080/17521483.2023.2223806
P. O’Callaghan
ABSTRACT This paper adopts a law and humanities-based methodology to critique the binary distinction between remembering and forgetting that often features in law and policy. Using the right to be forgotten as a case study, the paper argues that such a distinction conceals the many ways that remembering and forgetting are intrinsically connected. In particular, a binary distinction understands forgetting as not remembering. But forgetting can also take the form of enlightened remembering: a deliberate choice to think differently about the past, an attempt to remember it in more positive or constructive ways. Drawing on insights from Dante’s Divine Comedy, the paper pursues a normative argument about the value of enlightened remembering and then assesses the implications for legal discourse.
{"title":"Enlightened remembering and the paradox of forgetting: from Dante to data privacy","authors":"P. O’Callaghan","doi":"10.1080/17521483.2023.2223806","DOIUrl":"https://doi.org/10.1080/17521483.2023.2223806","url":null,"abstract":"ABSTRACT This paper adopts a law and humanities-based methodology to critique the binary distinction between remembering and forgetting that often features in law and policy. Using the right to be forgotten as a case study, the paper argues that such a distinction conceals the many ways that remembering and forgetting are intrinsically connected. In particular, a binary distinction understands forgetting as not remembering. But forgetting can also take the form of enlightened remembering: a deliberate choice to think differently about the past, an attempt to remember it in more positive or constructive ways. Drawing on insights from Dante’s Divine Comedy, the paper pursues a normative argument about the value of enlightened remembering and then assesses the implications for legal discourse.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47070465","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 : 2023-06-16DOI: 10.1080/17521483.2023.2223807
Cecilia Gebruers
ABSTRACT When I first decided to investigate an intersectional approach to frame forces operating in cases of indigenous women affected by land conflicts, I had not envisioned that the metaphorical aspect would be such a crucial part of operationalizing the concept. Since its first formulation, the term intersectionality has been attached to the image of intersecting roads, and still today when searching for online videos for pedagogical purposes, the results show cars driving towards people standing on crossroads to explain the meaning. Intersecting roads, however, also emerged in my fieldwork in a literal maner. The passage from metaphor to materiality of the concept of intersectionality, I argue, can affect the identitarian logic that predominates in most proclaimed legal intersectional approaches. The paper proposes to bring intersectionality to materiality by re-imagining the metaphor of intersectionality through an ethnographic approach to indigenous peoples’ land conflicts in La Pampa, Argentina.
{"title":"From metaphor to materiality: grounding intersectional legal thought","authors":"Cecilia Gebruers","doi":"10.1080/17521483.2023.2223807","DOIUrl":"https://doi.org/10.1080/17521483.2023.2223807","url":null,"abstract":"ABSTRACT\u0000 When I first decided to investigate an intersectional approach to frame forces operating in cases of indigenous women affected by land conflicts, I had not envisioned that the metaphorical aspect would be such a crucial part of operationalizing the concept. Since its first formulation, the term intersectionality has been attached to the image of intersecting roads, and still today when searching for online videos for pedagogical purposes, the results show cars driving towards people standing on crossroads to explain the meaning. Intersecting roads, however, also emerged in my fieldwork in a literal maner. The passage from metaphor to materiality of the concept of intersectionality, I argue, can affect the identitarian logic that predominates in most proclaimed legal intersectional approaches. The paper proposes to bring intersectionality to materiality by re-imagining the metaphor of intersectionality through an ethnographic approach to indigenous peoples’ land conflicts in La Pampa, Argentina.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41621562","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 : 2023-04-13DOI: 10.1080/17521483.2023.2200053
Elena Cooper
{"title":"Andrew Ventimiglia, Copyrighting God: Ownership of the Sacred in American Religion","authors":"Elena Cooper","doi":"10.1080/17521483.2023.2200053","DOIUrl":"https://doi.org/10.1080/17521483.2023.2200053","url":null,"abstract":"","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42212087","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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