Pub Date : 2023-10-27DOI: 10.1177/17438721231202355
Joshua Simon
{"title":"Book Review: The Pen, The Sword, and the Law: Dueling and Democracy in Uruguay","authors":"Joshua Simon","doi":"10.1177/17438721231202355","DOIUrl":"https://doi.org/10.1177/17438721231202355","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"7 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136318771","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 : 2023-10-27DOI: 10.1177/17438721231202366
Scott MacLochlainn
{"title":"Book Review: The Living from the Dead: Disaffirming Biopolitics","authors":"Scott MacLochlainn","doi":"10.1177/17438721231202366","DOIUrl":"https://doi.org/10.1177/17438721231202366","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"104 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136261531","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 : 2023-10-27DOI: 10.1177/17438721231202356
Lisa Siraganian
{"title":"Book Review: King Leopold’s Ghostwriter: The Creation of Persons and States in the Nineteenth Century","authors":"Lisa Siraganian","doi":"10.1177/17438721231202356","DOIUrl":"https://doi.org/10.1177/17438721231202356","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136262367","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 : 2023-10-27DOI: 10.1177/17438721231202365
Alexander Damianos
{"title":"Book Review: Earthbound: The Aesthetics of Sovereignty in the Anthropocene","authors":"Alexander Damianos","doi":"10.1177/17438721231202365","DOIUrl":"https://doi.org/10.1177/17438721231202365","url":null,"abstract":"","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136318925","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 : 2023-09-08DOI: 10.1177/17438721231196307
Bruce Arrigo
What does it mean to speak of dignity’s de-realization much less to diagnose the experience of it? This article draws inspiration from law, culture and the humanities to address these underexamined questions. I outline the relational problem of dignity’s de-realization and rely on a clinical case to illuminate the problem’s interpersonal dynamics. I describe the theoretical assumptions that inform my assessment of dignity’s co-constitutive de-realization. These assumptions form a metaphysical anthropology sufficient to make socio-cultural diagnosis possible. I revisit the society-of-captives thesis to explain how the interpersonal dynamics of dignity’s de-realization in the clinical case are more disturbingly constitutive of society’s own calcifying captivity. Given these de-stabilizing conditions of collective and interdependent captivity, I conclude by suggesting how to confront dignity’s de-realization. These transgressive speculations emphasize the cultivation of a trans-desistance philosophy. I initiate the article’s diagnostic intention with an introduction to the general thesis on the laws of captivity.
{"title":"Diagnosing Dignity’s De-Realization: Lessons From The ‘Laws Of Captivity’ Thesis","authors":"Bruce Arrigo","doi":"10.1177/17438721231196307","DOIUrl":"https://doi.org/10.1177/17438721231196307","url":null,"abstract":"What does it mean to speak of dignity’s de-realization much less to diagnose the experience of it? This article draws inspiration from law, culture and the humanities to address these underexamined questions. I outline the relational problem of dignity’s de-realization and rely on a clinical case to illuminate the problem’s interpersonal dynamics. I describe the theoretical assumptions that inform my assessment of dignity’s co-constitutive de-realization. These assumptions form a metaphysical anthropology sufficient to make socio-cultural diagnosis possible. I revisit the society-of-captives thesis to explain how the interpersonal dynamics of dignity’s de-realization in the clinical case are more disturbingly constitutive of society’s own calcifying captivity. Given these de-stabilizing conditions of collective and interdependent captivity, I conclude by suggesting how to confront dignity’s de-realization. These transgressive speculations emphasize the cultivation of a trans-desistance philosophy. I initiate the article’s diagnostic intention with an introduction to the general thesis on the laws of captivity.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46402859","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 : 2023-07-19DOI: 10.1177/17438721231174791
Tine Destrooper
Human rights are increasingly described as in crisis. One reason for this is that existing legal accountability mechanisms cannot adequately deal with intricate and multilayered human rights violations that occur in vastly complex social contexts. Thus, if human rights are to continue to offer a widely accepted framework for thinking about (social) justice, we urgently need to revisit the very notion of human rights accountability in ways that allow for better protection as well as for a more ambitious normative project. This requires re-focusing the debate about human rights accountability on questions of human rights normativity. This article explores which roles literature can play in this regard. It proposes the notion of literary accountability as a conceptual device to (a) recenter the debate around the normative objectives of human rights accountability, (b) offer modalities for ensuring some form of responsibility attribution, notably where other accountability venues are closed or deemed insufficient, and (c) operate within the paradigm of legal accountability to push the boundaries of this paradigm. What each of these three manifestations of literary accountability have in common is that they foreground the need for a more forward-looking and multi-dimensional approach to accountability that seeks to reconnect the normative reality of human rights on one hand, with their imbrication in the concrete worlds of law, politics, and practicalities on the other.
{"title":"Literary accountability and the future of human rights protection","authors":"Tine Destrooper","doi":"10.1177/17438721231174791","DOIUrl":"https://doi.org/10.1177/17438721231174791","url":null,"abstract":"Human rights are increasingly described as in crisis. One reason for this is that existing legal accountability mechanisms cannot adequately deal with intricate and multilayered human rights violations that occur in vastly complex social contexts. Thus, if human rights are to continue to offer a widely accepted framework for thinking about (social) justice, we urgently need to revisit the very notion of human rights accountability in ways that allow for better protection as well as for a more ambitious normative project. This requires re-focusing the debate about human rights accountability on questions of human rights normativity. This article explores which roles literature can play in this regard. It proposes the notion of literary accountability as a conceptual device to (a) recenter the debate around the normative objectives of human rights accountability, (b) offer modalities for ensuring some form of responsibility attribution, notably where other accountability venues are closed or deemed insufficient, and (c) operate within the paradigm of legal accountability to push the boundaries of this paradigm. What each of these three manifestations of literary accountability have in common is that they foreground the need for a more forward-looking and multi-dimensional approach to accountability that seeks to reconnect the normative reality of human rights on one hand, with their imbrication in the concrete worlds of law, politics, and practicalities on the other.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42815178","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 : 2023-07-10DOI: 10.1177/17438721231175969
Mark C. Jerng
N.K. Jemisin’s speculative tropes in The City We Became capture a significant legal reality: the entanglement of legal personhood with jurisdiction and how the powers of jurisdiction are often exercised in racial directions. This article juxtaposes her novel with canonical case law, re-reading Dred Scott v. Sandford, Plessy v. Ferguson, and Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1 in order to show how speculative imaginings intertwine jurisdiction with the racialized legitimation of certain selves. The City We Became critiques the ways in which we overlook these entanglements of personhood and jurisdiction and offers new ways of envisioning collectivity.
N.K.杰米辛在《我们成为的城市》中的思辨修辞抓住了一个重要的法律现实:法律人格与管辖权的纠缠，以及司法权如何经常在种族方向上行使。这篇文章将她的小说与典型的判例法并列，重读了德雷德·斯科特诉桑福德案、普莱西诉弗格森案和父母涉事案。schh . v. Seattle学区第一案，目的是为了展示投机的想象是如何将司法管辖权与某些自我的种族化合法性交织在一起的。《我们成为的城市》批判了我们忽视这些人格和管辖权的纠缠的方式，并提供了设想集体的新方法。
{"title":"Speculative Fictions of Legal Personhood: Reimagining Jurisdiction in N.K. Jemisin’s The City We Became","authors":"Mark C. Jerng","doi":"10.1177/17438721231175969","DOIUrl":"https://doi.org/10.1177/17438721231175969","url":null,"abstract":"N.K. Jemisin’s speculative tropes in The City We Became capture a significant legal reality: the entanglement of legal personhood with jurisdiction and how the powers of jurisdiction are often exercised in racial directions. This article juxtaposes her novel with canonical case law, re-reading Dred Scott v. Sandford, Plessy v. Ferguson, and Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1 in order to show how speculative imaginings intertwine jurisdiction with the racialized legitimation of certain selves. The City We Became critiques the ways in which we overlook these entanglements of personhood and jurisdiction and offers new ways of envisioning collectivity.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46077625","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 : 2023-06-28DOI: 10.1177/17438721231179132
Gerlov van Engelenhoven
Dutch colonizer Jan Pieterszoon Coen is remembered as a hero for establishing the spice monopoly and as a perpetrator who mass-killed the Bandanese population in 1621 in pursuit of that monopoly. After his statue in Hoorn fell off its pedestal in 2011, the municipality decided to restore it in disregard of protesters requesting the statue’s relocation to Westfries Museum. As a compromise, the municipality granted the protest a voice by providing the statue with an updated inscription that acknowledges Coen’s controversial legacy and an accompanying exhibition in Westfries Museum. In this essay, I will analyze these events as a conflict about the articulation of postcolonial memory: how should the colonial past be remembered? Through Olson’s theory of legality and affect and Marcuse’s theory of repressive tolerance, I will interpret this conflict as the negotiation of different legalities.
{"title":"Articulating Postcolonial Memory Through the Negotiation of Legalities: The Case of Jan Pieterszoon Coen’s Statue in Hoorn","authors":"Gerlov van Engelenhoven","doi":"10.1177/17438721231179132","DOIUrl":"https://doi.org/10.1177/17438721231179132","url":null,"abstract":"Dutch colonizer Jan Pieterszoon Coen is remembered as a hero for establishing the spice monopoly and as a perpetrator who mass-killed the Bandanese population in 1621 in pursuit of that monopoly. After his statue in Hoorn fell off its pedestal in 2011, the municipality decided to restore it in disregard of protesters requesting the statue’s relocation to Westfries Museum. As a compromise, the municipality granted the protest a voice by providing the statue with an updated inscription that acknowledges Coen’s controversial legacy and an accompanying exhibition in Westfries Museum. In this essay, I will analyze these events as a conflict about the articulation of postcolonial memory: how should the colonial past be remembered? Through Olson’s theory of legality and affect and Marcuse’s theory of repressive tolerance, I will interpret this conflict as the negotiation of different legalities.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46150806","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 : 2023-06-28DOI: 10.1177/17438721231179183
A. Thiem
This article examines the Netflix true crime series When They See Us (2019) as a form of “popular legality” (Olson 2022). I argue that the show criticizes structural racism in the US criminal justice system and emphasizes this critique on a level of affect. More precisely, it is through an affective engagement of the audience with the show’s protagonists that When They See Us highlights how Black and Latinx communities are discriminated by US law and the criminal justice system. It thereby not only depicts African American and Latinx legal identities as marginalized by the law and legal system, but makes viewers able to feel them to be so. In addition, I argue that the show negotiates issues of testimonial injustice as one form of discrimination against People of Color in the US legal system. This negotiation of testimonial injustice also primarily takes place on a level of affect by inviting the audience to feel the effects that testimonial injustice has on the show’s protagonists.
{"title":"True Crime Television as ‘Popular Legality’: Affect, Testimonial Injustice, and the Criminal (In)Justice System in Ava DuVernay’s When They See Us","authors":"A. Thiem","doi":"10.1177/17438721231179183","DOIUrl":"https://doi.org/10.1177/17438721231179183","url":null,"abstract":"This article examines the Netflix true crime series When They See Us (2019) as a form of “popular legality” (Olson 2022). I argue that the show criticizes structural racism in the US criminal justice system and emphasizes this critique on a level of affect. More precisely, it is through an affective engagement of the audience with the show’s protagonists that When They See Us highlights how Black and Latinx communities are discriminated by US law and the criminal justice system. It thereby not only depicts African American and Latinx legal identities as marginalized by the law and legal system, but makes viewers able to feel them to be so. In addition, I argue that the show negotiates issues of testimonial injustice as one form of discrimination against People of Color in the US legal system. This negotiation of testimonial injustice also primarily takes place on a level of affect by inviting the audience to feel the effects that testimonial injustice has on the show’s protagonists.","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42898230","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 : 2023-06-28DOI: 10.1177/17438721231176463
Laura Borchert
In her book From Law and Literature to Legality and Affect, Greta Olson argues for an expansive view of the legal, which encompasses both one’s Rechtsgefühl and the sociocultural normative settings one is surrounded by. Acknowledging the existence of “a variety of competing nomoi” (Olson, From Law and Literature, p.7), i.e., diverse normative environments within a given legal order, notions of law as legality, and affect as law’s new Other are conceptualized as projects fostering legal pluralism. Yet, is such a pluralistic, diversified notion of legality able to challenge those normative legal-cultural conditions which still privilege cis, male, heterosexual, White, able-bodied, propertied non-immigrants? Agreeing with Roger Cotterrell that “[l]aw’s interpretive communities now reflect the patterned differentiation of the social” ( Law, p.100), and Olson’s claim that “ideas about law are negotiated outside of the courtroom, the parliament, or even the governmental office where law and legal ordinances are directly translated into everyday life experience” ( From Law and Literature, p. 20), this article examines how legality may speak back to law, in its professionalized, dogmatic sense, and to legal orders, and analyzes in which ways an understanding of law as legality may affect LGBTQIAP* rights activism. This critical queer theoretical perspective thus challenges Olson’s nomoi by approaching the limitations of legal affects for trans and queer legal subjects. By analyzing the design and logic behind two recent cases of anti-trans bills in the U.S., Arkansas’ HB 1570 (‘Save Adolescents from Experimentation Act’) and Idaho’s HB 500 (‘Fairness in Women’s Sports Act’) from a cultural studies perspective, this article examines how an expanded understanding of law as legality may affect the gendered, cis-ed, and heteronormative nature of the U.S.’s dominant legal order(s).
{"title":"Legality and Affect Left and Right – Queering Legal Orders’ Normative Force with Feeling","authors":"Laura Borchert","doi":"10.1177/17438721231176463","DOIUrl":"https://doi.org/10.1177/17438721231176463","url":null,"abstract":"In her book From Law and Literature to Legality and Affect, Greta Olson argues for an expansive view of the legal, which encompasses both one’s Rechtsgefühl and the sociocultural normative settings one is surrounded by. Acknowledging the existence of “a variety of competing nomoi” (Olson, From Law and Literature, p.7), i.e., diverse normative environments within a given legal order, notions of law as legality, and affect as law’s new Other are conceptualized as projects fostering legal pluralism. Yet, is such a pluralistic, diversified notion of legality able to challenge those normative legal-cultural conditions which still privilege cis, male, heterosexual, White, able-bodied, propertied non-immigrants? Agreeing with Roger Cotterrell that “[l]aw’s interpretive communities now reflect the patterned differentiation of the social” ( Law, p.100), and Olson’s claim that “ideas about law are negotiated outside of the courtroom, the parliament, or even the governmental office where law and legal ordinances are directly translated into everyday life experience” ( From Law and Literature, p. 20), this article examines how legality may speak back to law, in its professionalized, dogmatic sense, and to legal orders, and analyzes in which ways an understanding of law as legality may affect LGBTQIAP* rights activism. This critical queer theoretical perspective thus challenges Olson’s nomoi by approaching the limitations of legal affects for trans and queer legal subjects. By analyzing the design and logic behind two recent cases of anti-trans bills in the U.S., Arkansas’ HB 1570 (‘Save Adolescents from Experimentation Act’) and Idaho’s HB 500 (‘Fairness in Women’s Sports Act’) from a cultural studies perspective, this article examines how an expanded understanding of law as legality may affect the gendered, cis-ed, and heteronormative nature of the U.S.’s dominant legal order(s).","PeriodicalId":43886,"journal":{"name":"Law Culture and the Humanities","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43046443","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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