Pub Date : 2024-07-27DOI: 10.1177/17438721241260872
Shoshana-Rose Marzel, Rinat Kitai-Sangero
This article focuses on the legal aspects of the novel Truth (Vérité) by the French author Émile Zola. It addresses the wrongful conviction of Simon in the rape and murder of his nephew, which was motivated by prejudice, the retrial, and the final rehabilitation. In addition, it deals with Zola’s intent to promote through the novel public-secular education and to illuminate the injustice that Alfred Dreyfus has faced. Finally, the article focuses on two essential legal mechanisms for rectifying miscarriages of justice that appear in the novel: the retrial and the right of exonerated individuals to compensation.
{"title":"Justice and Prejudice in Émile Zola’s Truth","authors":"Shoshana-Rose Marzel, Rinat Kitai-Sangero","doi":"10.1177/17438721241260872","DOIUrl":"https://doi.org/10.1177/17438721241260872","url":null,"abstract":"This article focuses on the legal aspects of the novel Truth (Vérité) by the French author Émile Zola. It addresses the wrongful conviction of Simon in the rape and murder of his nephew, which was motivated by prejudice, the retrial, and the final rehabilitation. In addition, it deals with Zola’s intent to promote through the novel public-secular education and to illuminate the injustice that Alfred Dreyfus has faced. Finally, the article focuses on two essential legal mechanisms for rectifying miscarriages of justice that appear in the novel: the retrial and the right of exonerated individuals to compensation.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"64 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141798935","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 : 2024-07-26DOI: 10.1177/17438721241265604
K. Nikias
{"title":"Book Review: The Origins of the Law in Homer","authors":"K. Nikias","doi":"10.1177/17438721241265604","DOIUrl":"https://doi.org/10.1177/17438721241265604","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"36 43","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141800379","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 : 2024-07-25DOI: 10.1177/17438721241261591
Cecilia Gebruers
The article presents the optical and spectral facets of the notion of intersectionality in their materiality, in their forms as bodies and ghosts, doors, and thresholds. Scholarship on intersectionality has focused on critiquing the legal assumption that considers categories of discrimination to correspond to discrete aspects of identity, due to its negative effect of rendering certain experiences unrepresentable. As a consequence, the optical approach seeks to expose intersections and to reveal what remains hidden under these discrete frames. I would like to take the opportunity to write about Goodrich’s law, to delve into an additional register that is underdeveloped but, I argue, contained in the legal concept of intersectionality. Intersectionality has not addressed the spectral, the search for becoming, or the intent to conceptualize an encounter without anticipation, announcement, or previsions, even if that implies defying what a concept entails. Both are inextricably connected. Here I will distinguish the optical and the spectral aspects of the theory. The optical or operational side of intersectionality offers a door while the specter that phantasmatically sustains and holds intersectionality’s impulse in legal practice allows the manifestation of the illegible within the legible.
{"title":"Specters of Intersectionality","authors":"Cecilia Gebruers","doi":"10.1177/17438721241261591","DOIUrl":"https://doi.org/10.1177/17438721241261591","url":null,"abstract":"The article presents the optical and spectral facets of the notion of intersectionality in their materiality, in their forms as bodies and ghosts, doors, and thresholds. Scholarship on intersectionality has focused on critiquing the legal assumption that considers categories of discrimination to correspond to discrete aspects of identity, due to its negative effect of rendering certain experiences unrepresentable. As a consequence, the optical approach seeks to expose intersections and to reveal what remains hidden under these discrete frames. I would like to take the opportunity to write about Goodrich’s law, to delve into an additional register that is underdeveloped but, I argue, contained in the legal concept of intersectionality. Intersectionality has not addressed the spectral, the search for becoming, or the intent to conceptualize an encounter without anticipation, announcement, or previsions, even if that implies defying what a concept entails. Both are inextricably connected. Here I will distinguish the optical and the spectral aspects of the theory. The optical or operational side of intersectionality offers a door while the specter that phantasmatically sustains and holds intersectionality’s impulse in legal practice allows the manifestation of the illegible within the legible.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"100 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141802322","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 : 2024-07-24DOI: 10.1177/17438721241261042
Ludmila Bogdan, Flora Botelho, Séamus Power
This study examines nineteenth-century United States anti-polygamy legislation, focusing on its intersections with multiculturalism and minority rights. By analyzing the historical and legal aspects of these laws, we identify their impact on Mormon communities and immigrant groups, aimed at enforcing cultural assimilation. Our findings reveal tensions between religious freedom and societal concerns over polygamy, particularly in Christian contexts. The research highlights a paradox in liberal democracies, where safeguarding minority rights often clashes with societal values, leading to legislation against practices seen as disruptive. It emphasizes the delicate balance between cultural pluralism, multiculturalism, minority rights, and societal cohesion in nineteenth-century America, shedding light on the ongoing relevance of these debates today. This study calls for further exploration of arguments against culturally or religiously inspired practices in Western democracies.
{"title":"Polygamy on Trial: Analyzing Anti-Polygamy Legislation in Nineteenth-Century United States","authors":"Ludmila Bogdan, Flora Botelho, Séamus Power","doi":"10.1177/17438721241261042","DOIUrl":"https://doi.org/10.1177/17438721241261042","url":null,"abstract":"This study examines nineteenth-century United States anti-polygamy legislation, focusing on its intersections with multiculturalism and minority rights. By analyzing the historical and legal aspects of these laws, we identify their impact on Mormon communities and immigrant groups, aimed at enforcing cultural assimilation. Our findings reveal tensions between religious freedom and societal concerns over polygamy, particularly in Christian contexts. The research highlights a paradox in liberal democracies, where safeguarding minority rights often clashes with societal values, leading to legislation against practices seen as disruptive. It emphasizes the delicate balance between cultural pluralism, multiculturalism, minority rights, and societal cohesion in nineteenth-century America, shedding light on the ongoing relevance of these debates today. This study calls for further exploration of arguments against culturally or religiously inspired practices in Western democracies.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"23 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141808772","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 : 2024-06-02DOI: 10.1177/17438721241255607
Benjamin Goh
This article returns to a law and literature classic, Peter Goodrich’s Oedipus Lex (1995), for its contribution to the field’s ongoing reorientation to the materials and media of law. Read alongside Sigmund Freud’s “Dream of the Botanical Monograph” (1899/1900) and in terms of the psychoanalytic dream-work, Goodrich’s book holds out a vital promise for text- and media-oriented studies in law and literature.
{"title":"Dream of the Legal Monograph","authors":"Benjamin Goh","doi":"10.1177/17438721241255607","DOIUrl":"https://doi.org/10.1177/17438721241255607","url":null,"abstract":"This article returns to a law and literature classic, Peter Goodrich’s Oedipus Lex (1995), for its contribution to the field’s ongoing reorientation to the materials and media of law. Read alongside Sigmund Freud’s “Dream of the Botanical Monograph” (1899/1900) and in terms of the psychoanalytic dream-work, Goodrich’s book holds out a vital promise for text- and media-oriented studies in law and literature.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"35 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141273555","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 : 2024-05-16DOI: 10.1177/17438721241249254
Karthik J. Lal
{"title":"Book Review: Terror Trials: Life and Law in Delhi’s Courts","authors":"Karthik J. Lal","doi":"10.1177/17438721241249254","DOIUrl":"https://doi.org/10.1177/17438721241249254","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"50 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140971158","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 : 2024-04-24DOI: 10.1177/17438721241245616
Mihaela Şerban
This article examines law as mnemonic infrastructure, tracing how archival laws and policies in Romania shape the construction of its collective memory of communism and fascism. The four layers analyzed here—archival institutions, norms, processes, and practices—help produce a memory regime characterized by nationalism, the securitization of historical memory, and a selectively amnesic collective memory. Focusing on law as mnemonic infrastructure highlights indirect and structural pathways in the construction of memory regimes, with distinctive, if not always obvious, knowledge and truth effects that help clarify the role of law in promoting or undermining hegemonic memory regimes.
{"title":"Law as Mnemonic Infrastructure: Archival Legal Discourses and Memory Battles in Romania","authors":"Mihaela Şerban","doi":"10.1177/17438721241245616","DOIUrl":"https://doi.org/10.1177/17438721241245616","url":null,"abstract":"This article examines law as mnemonic infrastructure, tracing how archival laws and policies in Romania shape the construction of its collective memory of communism and fascism. The four layers analyzed here—archival institutions, norms, processes, and practices—help produce a memory regime characterized by nationalism, the securitization of historical memory, and a selectively amnesic collective memory. Focusing on law as mnemonic infrastructure highlights indirect and structural pathways in the construction of memory regimes, with distinctive, if not always obvious, knowledge and truth effects that help clarify the role of law in promoting or undermining hegemonic memory regimes.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"80 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140665502","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 : 2024-04-24DOI: 10.1177/17438721241248952
Chenxi Tang
{"title":"Book Review: A Certain Justice: Toward an Ecology of the Chinese Legal Imagination","authors":"Chenxi Tang","doi":"10.1177/17438721241248952","DOIUrl":"https://doi.org/10.1177/17438721241248952","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"20 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140661473","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 : 2024-04-24DOI: 10.1177/17438721241234195
Daniel Hourigan
This article investigates the place of law in the Oedipus complex set out by Sigmund Freud and its later revision by Jacques Lacan. Few accounts of self-formation have been as widely recognised and discussed as the Oedipus complex. Yet the tensions that Freud recovered from Sophocles’ Oedipus Rex were a persistent feature of the theories of schools of psychoanalysis that broke away as much as those who followed Freud. In this article, I outline the Freudian position on the complex and its connection to the law before then examining the two phases of Lacan’s return to Freud’s Oedipus complex in Seminar VII and Seminar XVII.
本文探讨了法律在西格蒙德-弗洛伊德（Sigmund Freud）提出的俄狄浦斯情结中的地位，以及雅克-拉康（Jacques Lacan）后来对俄狄浦斯情结的修正。很少有关于自我塑造的论述能像俄狄浦斯情结那样得到广泛认可和讨论。然而，弗洛伊德从索福克勒斯的《俄狄浦斯王》（Oedipus Rex）中发掘出的紧张关系，却一直是精神分析学派理论的一大特色。在本文中，我首先概述了弗洛伊德关于情结的立场及其与法律的联系，然后考察了拉康在研讨会 VII 和研讨会 XVII 中回归弗洛伊德俄狄浦斯情结的两个阶段。
{"title":"Law on the Other Side of Oedipus: Freud and Lacan on Law and Self-Formation","authors":"Daniel Hourigan","doi":"10.1177/17438721241234195","DOIUrl":"https://doi.org/10.1177/17438721241234195","url":null,"abstract":"This article investigates the place of law in the Oedipus complex set out by Sigmund Freud and its later revision by Jacques Lacan. Few accounts of self-formation have been as widely recognised and discussed as the Oedipus complex. Yet the tensions that Freud recovered from Sophocles’ Oedipus Rex were a persistent feature of the theories of schools of psychoanalysis that broke away as much as those who followed Freud. In this article, I outline the Freudian position on the complex and its connection to the law before then examining the two phases of Lacan’s return to Freud’s Oedipus complex in Seminar VII and Seminar XVII.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"56 28","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140662227","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 : 2024-04-24DOI: 10.1177/17438721241246700
Serene Richards
This paper situates the existential stakes implied in Peter Goodrich’s oeuvres. A plea to an embodied, affective use of law, use of the body, by way of a minor jurisprudence attentive to desire and the phantasms, or images, that make up our world. Exemplified, as I suggest, through what Pierre Legendre describes as the trinity body-image-world. Goodrich’s gesture is to do away with swift judgements and sedentary regurgitations of legal rules in favour of getting up, and moving, slowing down, allowing for what is implied in the notion of affect, that is, emotion but crucially also movement. Vitam Instituere means precisely this, law’s function in instituting life necessitates a life engendered in living, a connection between the text and our sensibilities.
{"title":"Taking the Law for a Walk","authors":"Serene Richards","doi":"10.1177/17438721241246700","DOIUrl":"https://doi.org/10.1177/17438721241246700","url":null,"abstract":"This paper situates the existential stakes implied in Peter Goodrich’s oeuvres. A plea to an embodied, affective use of law, use of the body, by way of a minor jurisprudence attentive to desire and the phantasms, or images, that make up our world. Exemplified, as I suggest, through what Pierre Legendre describes as the trinity body-image-world. Goodrich’s gesture is to do away with swift judgements and sedentary regurgitations of legal rules in favour of getting up, and moving, slowing down, allowing for what is implied in the notion of affect, that is, emotion but crucially also movement. Vitam Instituere means precisely this, law’s function in instituting life necessitates a life engendered in living, a connection between the text and our sensibilities.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"8 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140660777","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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