Pub Date : 2022-11-28DOI: 10.1080/17521483.2022.2150137
P. Long
ABSTRACT The ‘archival turn’ describes the way in which political, memorial, legal, and social issues have been explored by archive professionals and amateurs, as well as theorists across the humanities, including legal scholars and indeed, creative artists. Together, their work has sought to explore the archive reflexively, attending to the interests that come to bear upon its formation and role determining what counts as knowledge and how that plays a part in managing our access to the past. This article discusses Golnar Nabizadeh and Catriona Laird’s Archives as Memory as an ‘information comic’, exploring how this short work can be understood in terms of its particular contribution to this ‘turn’, in which the archive and its function has come into focus. It unpacks the rather banal and didactic connotations of the term ‘information comic’ in favour of an understanding of Archives as Memory as a form of research-led creative practice detailed in its singular approach.
{"title":"Research into practice in the affective information comic","authors":"P. Long","doi":"10.1080/17521483.2022.2150137","DOIUrl":"https://doi.org/10.1080/17521483.2022.2150137","url":null,"abstract":"ABSTRACT The ‘archival turn’ describes the way in which political, memorial, legal, and social issues have been explored by archive professionals and amateurs, as well as theorists across the humanities, including legal scholars and indeed, creative artists. Together, their work has sought to explore the archive reflexively, attending to the interests that come to bear upon its formation and role determining what counts as knowledge and how that plays a part in managing our access to the past. This article discusses Golnar Nabizadeh and Catriona Laird’s Archives as Memory as an ‘information comic’, exploring how this short work can be understood in terms of its particular contribution to this ‘turn’, in which the archive and its function has come into focus. It unpacks the rather banal and didactic connotations of the term ‘information comic’ in favour of an understanding of Archives as Memory as a form of research-led creative practice detailed in its singular approach.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"17 1","pages":"50 - 59"},"PeriodicalIF":0.6,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42967337","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 : 2022-11-23DOI: 10.1080/17521483.2022.2148385
D. Rickard
ABSTRACT Within the last decade, true crime stories have increasingly concerned cases of possible wrongful conviction. Many of these podcasts and documentary series about wrongful conviction look at specific and known factors that contribute to the bad outcomes, and, in different ways, champion the defendants whose cases they explore. This paper looks beyond the contributing factors of wrongful conviction to consider the way truth becomes problematized within the context of the law and the trial. It examines four series (Serial, Atlanta Monster, The Staircase, and Making a Murderer) and the ways the knowability of truth is framed in journalistic and legal discourse, focusing on how knowability itself is questioned in some series; how journalistic bias can compromise truth claims; how the presumption of innocence and reasonable doubt are key to framing truth and innocence; and how Alford pleas offer an unsatisfying way of compromising legal truths. Taken together, we see that series-makers challenge legal outcomes and critique injustices by destabilizing notions of truth.
{"title":"Truth or doubt: questioning legal outcomes in true-crime documentaries","authors":"D. Rickard","doi":"10.1080/17521483.2022.2148385","DOIUrl":"https://doi.org/10.1080/17521483.2022.2148385","url":null,"abstract":"ABSTRACT Within the last decade, true crime stories have increasingly concerned cases of possible wrongful conviction. Many of these podcasts and documentary series about wrongful conviction look at specific and known factors that contribute to the bad outcomes, and, in different ways, champion the defendants whose cases they explore. This paper looks beyond the contributing factors of wrongful conviction to consider the way truth becomes problematized within the context of the law and the trial. It examines four series (Serial, Atlanta Monster, The Staircase, and Making a Murderer) and the ways the knowability of truth is framed in journalistic and legal discourse, focusing on how knowability itself is questioned in some series; how journalistic bias can compromise truth claims; how the presumption of innocence and reasonable doubt are key to framing truth and innocence; and how Alford pleas offer an unsatisfying way of compromising legal truths. Taken together, we see that series-makers challenge legal outcomes and critique injustices by destabilizing notions of truth.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"17 1","pages":"60 - 89"},"PeriodicalIF":0.6,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60171656","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 : 2022-11-17DOI: 10.1080/17521483.2022.2139449
Igor Stramignoni
ABSTRACT What happens when we approach certain objects heuristically as images? How is one to orient oneself through such images? Might those images challenge our existing knowledge of the history of modernisation and written rationalisation of law after the Middle Ages? In this essay, I begin with certain early modern European artworks - paintings, engravings, woodcuts, and drawings - as well as some other less obvious objects - a striking black background in the portrait of a little-known physician, a compelling account of a nocturnal attempt to figure out justice at critical times, the gripping intensity permeating Dürer's allegories of justice, and so on - and investigate the force those objects may have as images. Overall, the intention is to go beyond treating such objects as impassive historical evidence of the particular effort to conceive law intellectually or, alternatively, as codes for certain preexisting messages to be subsequently decoded. On approaching them differently, we may discover that such objects can sometimes resist our analyses or interpretations forcing us to engage with them in unexpected ways.
{"title":"Figuring out justice in dark times: on law, history, and the visual","authors":"Igor Stramignoni","doi":"10.1080/17521483.2022.2139449","DOIUrl":"https://doi.org/10.1080/17521483.2022.2139449","url":null,"abstract":"ABSTRACT What happens when we approach certain objects heuristically as images? How is one to orient oneself through such images? Might those images challenge our existing knowledge of the history of modernisation and written rationalisation of law after the Middle Ages? In this essay, I begin with certain early modern European artworks - paintings, engravings, woodcuts, and drawings - as well as some other less obvious objects - a striking black background in the portrait of a little-known physician, a compelling account of a nocturnal attempt to figure out justice at critical times, the gripping intensity permeating Dürer's allegories of justice, and so on - and investigate the force those objects may have as images. Overall, the intention is to go beyond treating such objects as impassive historical evidence of the particular effort to conceive law intellectually or, alternatively, as codes for certain preexisting messages to be subsequently decoded. On approaching them differently, we may discover that such objects can sometimes resist our analyses or interpretations forcing us to engage with them in unexpected ways.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"17 1","pages":"139 - 172"},"PeriodicalIF":0.6,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60171535","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 : 2022-07-03DOI: 10.1080/17521483.2022.2123614
Lucy Finchett-Maddock, J. Tan
This symposium includes submissions that consider understandings of practice and process, in the interweavings among art, law and political activism, very broadly de fi ned. The selection of essays brings together a mix of critical legal, socio-legal, practice-based and law and humanities commentaries on the coming together of art and law through its vernacular to spectacular practices and processes, of various forms. The inspiration for this fi ve-piece collection stems from a collaborative convergence of practitioners from the legal profession, those that are self-de fi ned fi ne artists, and those that see themselves as in opposition or tension with both, as activists or agitators who sit outside of any art/law dichotomy. This creation story emanated from the Art/Law Network ’ s Art/ Law Journal project, the interesting intellectual and aesthetic junctures encountered giving birth to these essays. Indeed, you could regard this symposium as just one half of an attempt to manifest the intersections of art and law, theory, practice and process. The other half, made up of creative works, emigrated to a zine on art, law and politics, named ‘ HYPHAE ’ . 1 ‘ Half ’ does not do it justice because, just as within the fi ve pieces of this symposium, art, law, practice and process are entangled and distributed in and amongst one another in such inseparable and co-creative ways that to speak of categoriz-ation may be something of a fi ction.
{"title":"Practice and/or process? (In)disciplining law and art","authors":"Lucy Finchett-Maddock, J. Tan","doi":"10.1080/17521483.2022.2123614","DOIUrl":"https://doi.org/10.1080/17521483.2022.2123614","url":null,"abstract":"This symposium includes submissions that consider understandings of practice and process, in the interweavings among art, law and political activism, very broadly de fi ned. The selection of essays brings together a mix of critical legal, socio-legal, practice-based and law and humanities commentaries on the coming together of art and law through its vernacular to spectacular practices and processes, of various forms. The inspiration for this fi ve-piece collection stems from a collaborative convergence of practitioners from the legal profession, those that are self-de fi ned fi ne artists, and those that see themselves as in opposition or tension with both, as activists or agitators who sit outside of any art/law dichotomy. This creation story emanated from the Art/Law Network ’ s Art/ Law Journal project, the interesting intellectual and aesthetic junctures encountered giving birth to these essays. Indeed, you could regard this symposium as just one half of an attempt to manifest the intersections of art and law, theory, practice and process. The other half, made up of creative works, emigrated to a zine on art, law and politics, named ‘ HYPHAE ’ . 1 ‘ Half ’ does not do it justice because, just as within the fi ve pieces of this symposium, art, law, practice and process are entangled and distributed in and amongst one another in such inseparable and co-creative ways that to speak of categoriz-ation may be something of a fi ction.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"156 - 164"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46890485","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 : 2022-07-03DOI: 10.1080/17521483.2022.2123618
Phil Crockett Thomas
ABSTRACT Whilst works of art, including fiction, are well established as legitimate objects of sociological analysis, and the narratives crafted by the subjects of social research are widely understood to be meaningful, the use of creative writing as a methodology is still quite novel within law and the social sciences. In this article, I seek to demonstrate how the practice and process of creating fiction can extend the aesthetic, affective, and ontological possibilities of social research. Further, I argue that it offers a model for working ethically and creatively with others within a poststructuralist theoretical framework. I will do this by reflecting on the creation of a series of sociological crime fictions, written between 2015 and 2017. I discuss how this approach developed in response to concerns about working ethically with people who had experienced criminalization and stigma, drawing on Carolyn Steedman’s concept of ‘enforced narratives’. I then survey some contemporary trends in sociological fiction, and earlier feminist experimental approaches to writing research, which have inspired my approach. Using one of my own works of sociological crime fiction as an example, I demonstrate how these works are composed, drawing on a conceptualization of research as a process of ‘translation’ as developed within actor–network theory. I hope that the practice of working carefully with people with experience of the justice system to make experimental fiction, might help us reimagine and re-present complex processes of crime and punishment, in a form that can travel beyond social science audiences and enrich the practice of law.
{"title":"The researcher as unreliable narrator: writing sociological crime fiction as a research method","authors":"Phil Crockett Thomas","doi":"10.1080/17521483.2022.2123618","DOIUrl":"https://doi.org/10.1080/17521483.2022.2123618","url":null,"abstract":"ABSTRACT Whilst works of art, including fiction, are well established as legitimate objects of sociological analysis, and the narratives crafted by the subjects of social research are widely understood to be meaningful, the use of creative writing as a methodology is still quite novel within law and the social sciences. In this article, I seek to demonstrate how the practice and process of creating fiction can extend the aesthetic, affective, and ontological possibilities of social research. Further, I argue that it offers a model for working ethically and creatively with others within a poststructuralist theoretical framework. I will do this by reflecting on the creation of a series of sociological crime fictions, written between 2015 and 2017. I discuss how this approach developed in response to concerns about working ethically with people who had experienced criminalization and stigma, drawing on Carolyn Steedman’s concept of ‘enforced narratives’. I then survey some contemporary trends in sociological fiction, and earlier feminist experimental approaches to writing research, which have inspired my approach. Using one of my own works of sociological crime fiction as an example, I demonstrate how these works are composed, drawing on a conceptualization of research as a process of ‘translation’ as developed within actor–network theory. I hope that the practice of working carefully with people with experience of the justice system to make experimental fiction, might help us reimagine and re-present complex processes of crime and punishment, in a form that can travel beyond social science audiences and enrich the practice of law.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"207 - 225"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49131764","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 : 2022-07-03DOI: 10.1080/17521483.2022.2123620
Óscar Guardiola-Rivera
ABSTRACT This essay explores Afro-Colombian artist Oscar Murillo’s practice and process as an instance of ‘fantastic critique’. Animated by an ongoing exchange between the artist and the author about art & human rights, trade and place, protest and action, including the 2021 General strike in Colombia, it aims to situate emerging notions of justice in the intersection between artistic practices and ethical-political acts, asking if and how art can engage with questions of the violence of race and class in the twenty-first century.
{"title":"Slow-mo: the violent art of Oscar Murillo","authors":"Óscar Guardiola-Rivera","doi":"10.1080/17521483.2022.2123620","DOIUrl":"https://doi.org/10.1080/17521483.2022.2123620","url":null,"abstract":"ABSTRACT This essay explores Afro-Colombian artist Oscar Murillo’s practice and process as an instance of ‘fantastic critique’. Animated by an ongoing exchange between the artist and the author about art & human rights, trade and place, protest and action, including the 2021 General strike in Colombia, it aims to situate emerging notions of justice in the intersection between artistic practices and ethical-political acts, asking if and how art can engage with questions of the violence of race and class in the twenty-first century.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"252 - 280"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46181499","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 : 2022-07-03DOI: 10.1080/17521483.2022.2096766
C. Nikolaidis
ABSTRACT Human rights are not simply rights, they are also quintessentially human; and the human experience is filled with emotion. This essay argues that human rights can be understood as emanating from emotions that we are perceived to share. Art in general and poetry in particular can provide a great service in helping us explore and bring these emotions to the fore, thereby reinforcing the distinctively human character of human rights, while also enabling us to understand them as something more than moral or legal constructs. The regulatory, legal, facet of human rights is a fundamental aspect of democratic justice systems. But so is the personal, emotional, facet, which prompts us to celebrate, communicate, debate and re-imagine the nature and content of human rights – within and beyond the courtroom – in a more empathetic and inclusive manner, with reference to the emotions that underpin them.
{"title":"The poetry of rights","authors":"C. Nikolaidis","doi":"10.1080/17521483.2022.2096766","DOIUrl":"https://doi.org/10.1080/17521483.2022.2096766","url":null,"abstract":"ABSTRACT Human rights are not simply rights, they are also quintessentially human; and the human experience is filled with emotion. This essay argues that human rights can be understood as emanating from emotions that we are perceived to share. Art in general and poetry in particular can provide a great service in helping us explore and bring these emotions to the fore, thereby reinforcing the distinctively human character of human rights, while also enabling us to understand them as something more than moral or legal constructs. The regulatory, legal, facet of human rights is a fundamental aspect of democratic justice systems. But so is the personal, emotional, facet, which prompts us to celebrate, communicate, debate and re-imagine the nature and content of human rights – within and beyond the courtroom – in a more empathetic and inclusive manner, with reference to the emotions that underpin them.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"289 - 310"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49537336","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 : 2022-07-03DOI: 10.1080/17521483.2022.2080925
Swastee Ranjan
ABSTRACT In ‘From the Colonial to the Contemporary – Images, Iconography, Memories and Performance of Law in India's High Court’, Rahela Khorakiwala, explores the role of visual culture of the High Courts of Bombay, Calcutta and Madras. These court spaces are sites from where law exercises its power. Khorakiwala's strength lies in presenting a rich ethnographic account of this visual culture which provides an illustration for the visuality of the courts but which simultaneously as this essay shows, unsettles the relationship between law and the ocular. The following essay argues that the ethnographic account becomes a pivotal entry into examining the affective aesthetic dimensions of law. These affective aesthetic dimensions are located not merely in the dispersal of visual-sensorial narrative of law which consolidates the coherency of law, but which also makes the movement of law possible by allowing specific affective encounters to take place. In allowing such affective aesthetic encounters, law compels specific movement of bodies as well as empower itself to move beyond its own fixed location embedded as it is in a specific geography. Khorakiwala's contribution to visual cultures of law, is precisely in mobilizing an ethnographic lens to understand and broaden the scope of studying the affective aesthetics of law.
{"title":"Affective aesthetics and the visual culture of the high courts","authors":"Swastee Ranjan","doi":"10.1080/17521483.2022.2080925","DOIUrl":"https://doi.org/10.1080/17521483.2022.2080925","url":null,"abstract":"ABSTRACT In ‘From the Colonial to the Contemporary – Images, Iconography, Memories and Performance of Law in India's High Court’, Rahela Khorakiwala, explores the role of visual culture of the High Courts of Bombay, Calcutta and Madras. These court spaces are sites from where law exercises its power. Khorakiwala's strength lies in presenting a rich ethnographic account of this visual culture which provides an illustration for the visuality of the courts but which simultaneously as this essay shows, unsettles the relationship between law and the ocular. The following essay argues that the ethnographic account becomes a pivotal entry into examining the affective aesthetic dimensions of law. These affective aesthetic dimensions are located not merely in the dispersal of visual-sensorial narrative of law which consolidates the coherency of law, but which also makes the movement of law possible by allowing specific affective encounters to take place. In allowing such affective aesthetic encounters, law compels specific movement of bodies as well as empower itself to move beyond its own fixed location embedded as it is in a specific geography. Khorakiwala's contribution to visual cultures of law, is precisely in mobilizing an ethnographic lens to understand and broaden the scope of studying the affective aesthetics of law.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"318 - 324"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46679622","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 : 2022-07-03DOI: 10.1080/17521483.2022.2123621
D. Gurnham
When it comes to examples of dramatic conflict between national and international legal orders, and between vulnerable humanity and the machinery of the state, there can be few topics to rival that of the treatment of people feeling persecution. The British government’s current policy of diverting refugees arriving on its shore in small boats into the Rwandan asylum system is at the very least in serious tension with the Refugee Convention: the subject of legal challenge from its very inception, the policy faces further challenge in the High Court in September 2022 on human rights grounds. In Italy, the government in apparent defiance of the international duty of rescue at sea, decreed in April 2020 that its ports were ‘unsafe’ for the disembarkation of migrants rescued in the Mediterranean Sea due to the impact of COVID-19. In the United States, the Trump administration in March 2020 invoked ‘Title 42’ a public health measure that effectively closed the border to migrants from Mexico, Guatemala, Honduras, and El Salvador including those fleeing persecution. The Biden administration’s attempt to lift Title 42 was thwarted in May 2022 by a Louisiana Federal Court, ensuring the continued removal of migrants crossing the United States’ southern border or arriving at ports of entry despite the Centers for Disease Control signalling that the measure is no longer necessary. Readers of arts and humanities contributions in this area are now used to scholars framing the relevant problem in terms of a refugee’s ‘right to have rights’ within an international legal order dominated by nation states (a framing typically
{"title":"Clamouring for legal protection: what the great books teach us about people fleeing from persecution","authors":"D. Gurnham","doi":"10.1080/17521483.2022.2123621","DOIUrl":"https://doi.org/10.1080/17521483.2022.2123621","url":null,"abstract":"When it comes to examples of dramatic conflict between national and international legal orders, and between vulnerable humanity and the machinery of the state, there can be few topics to rival that of the treatment of people feeling persecution. The British government’s current policy of diverting refugees arriving on its shore in small boats into the Rwandan asylum system is at the very least in serious tension with the Refugee Convention: the subject of legal challenge from its very inception, the policy faces further challenge in the High Court in September 2022 on human rights grounds. In Italy, the government in apparent defiance of the international duty of rescue at sea, decreed in April 2020 that its ports were ‘unsafe’ for the disembarkation of migrants rescued in the Mediterranean Sea due to the impact of COVID-19. In the United States, the Trump administration in March 2020 invoked ‘Title 42’ a public health measure that effectively closed the border to migrants from Mexico, Guatemala, Honduras, and El Salvador including those fleeing persecution. The Biden administration’s attempt to lift Title 42 was thwarted in May 2022 by a Louisiana Federal Court, ensuring the continued removal of migrants crossing the United States’ southern border or arriving at ports of entry despite the Centers for Disease Control signalling that the measure is no longer necessary. Readers of arts and humanities contributions in this area are now used to scholars framing the relevant problem in terms of a refugee’s ‘right to have rights’ within an international legal order dominated by nation states (a framing typically","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"281 - 288"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47427414","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 : 2022-07-03DOI: 10.1080/17521483.2022.2123617
Robyn Gill-Leslie
ABSTRACT The field of transitional justice exemplifies the ‘law and … ’ approach to interdisciplinarity, in the way it has welcomed the arts as a critical counterpoint to legal form. This article challenges conventional notions of interdisciplinarity in this field, claiming that the maintenance of rigid disciplinary boundaries between the law and the arts results in pigeon-holing creativity as a critical foil for the law; and ignoring law’s internal capacity for practices and processes of critique. This reductive perspective denies the potential of both disciplines to offer complicity and critique. Using the Marikana Commission of Inquiry as a transitional justice case study, this article argues that an affective and corporeal perspective reflects the possibility of fluidity between complicity and critique inside both the law and the art of truth-seeking after atrocity. Turning away from binaristic analysis, this case study offers an alternative reading of corporeal agency inside both the law and the arts of truth recovery, discovering a dynamic and co-generative space that highlights the constraints and possibilities of each discipline.
{"title":"How bodies challenge disciplinary binaries: re-examining law and the arts inside the Marikana Commission of Inquiry","authors":"Robyn Gill-Leslie","doi":"10.1080/17521483.2022.2123617","DOIUrl":"https://doi.org/10.1080/17521483.2022.2123617","url":null,"abstract":"ABSTRACT The field of transitional justice exemplifies the ‘law and … ’ approach to interdisciplinarity, in the way it has welcomed the arts as a critical counterpoint to legal form. This article challenges conventional notions of interdisciplinarity in this field, claiming that the maintenance of rigid disciplinary boundaries between the law and the arts results in pigeon-holing creativity as a critical foil for the law; and ignoring law’s internal capacity for practices and processes of critique. This reductive perspective denies the potential of both disciplines to offer complicity and critique. Using the Marikana Commission of Inquiry as a transitional justice case study, this article argues that an affective and corporeal perspective reflects the possibility of fluidity between complicity and critique inside both the law and the art of truth-seeking after atrocity. Turning away from binaristic analysis, this case study offers an alternative reading of corporeal agency inside both the law and the arts of truth recovery, discovering a dynamic and co-generative space that highlights the constraints and possibilities of each discipline.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"10 5-6","pages":"183 - 206"},"PeriodicalIF":0.6,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41289790","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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