Pub Date : 2024-04-11DOI: 10.1177/17438721241236955
P. Amarasinghe
{"title":"Book Review: The Roots of Normativity","authors":"P. Amarasinghe","doi":"10.1177/17438721241236955","DOIUrl":"https://doi.org/10.1177/17438721241236955","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"47 S1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716154","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 : 2024-04-11DOI: 10.1177/17438721241231576
David Campbell
Peter Goodrich has taught the law of contract for more than 25 years. This is not reflected in his huge body of writing, of which his papers directly on or relating to the law of contract are only a minor part. These papers, however, shed a light on the legal theory for which he is now famous because of the way their direct engagement with a body of conventional doctrine is conducted. Goodrich’s approach is, of course, critical and deconstructive, but an intriguing theme emerges. One finds that the erudition about literary and theoretical issues that characterises his work extends to an ability to convincingly address the detail of the doctrine he criticises, so that that criticism is far from being merely negative. Goodrich is perhaps the living legal academic of whom one can least say that he avoids rhetorical and comic flourishes in the way he expresses himself. But his writings on contract are further evidence of the seriousness of his approach to the criticism of law.
{"title":"Deconstructing Peter Goodrich’s Contract with Law","authors":"David Campbell","doi":"10.1177/17438721241231576","DOIUrl":"https://doi.org/10.1177/17438721241231576","url":null,"abstract":"Peter Goodrich has taught the law of contract for more than 25 years. This is not reflected in his huge body of writing, of which his papers directly on or relating to the law of contract are only a minor part. These papers, however, shed a light on the legal theory for which he is now famous because of the way their direct engagement with a body of conventional doctrine is conducted. Goodrich’s approach is, of course, critical and deconstructive, but an intriguing theme emerges. One finds that the erudition about literary and theoretical issues that characterises his work extends to an ability to convincingly address the detail of the doctrine he criticises, so that that criticism is far from being merely negative. Goodrich is perhaps the living legal academic of whom one can least say that he avoids rhetorical and comic flourishes in the way he expresses himself. But his writings on contract are further evidence of the seriousness of his approach to the criticism of law.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"19 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140715255","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 : 2024-04-11DOI: 10.1177/17438721241236958
Ridwan M. Soleh, Ali Anhar Syi’bul Huda, Dewi Sinta
{"title":"Book Review: Islamic State as a Legal Order: To Have No Law but Islam, between Sharīʿa and Globalization","authors":"Ridwan M. Soleh, Ali Anhar Syi’bul Huda, Dewi Sinta","doi":"10.1177/17438721241236958","DOIUrl":"https://doi.org/10.1177/17438721241236958","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"18 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140715554","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 : 2024-04-11DOI: 10.1177/17438721241236960
Toni M. Massaro
{"title":"Book Review: How Machines Came to Speak: Media Technologies and Freedom of Speech","authors":"Toni M. Massaro","doi":"10.1177/17438721241236960","DOIUrl":"https://doi.org/10.1177/17438721241236960","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"4 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713217","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 : 2024-04-11DOI: 10.1177/17438721231226435
Sharon P Johnson
In Paris, France on October 15, 1827, 28-year old Sicilian priest Joseph Contrafatto was sentenced for raping 5-year old Hortense Le Bon. This article frames the rhetorical strategies of the prosecution and defense using Robert Cover’s notion of judicial innovation, developed in his Justice Accused. Both sides based their arguments on articles 331 and 332 of the Criminal code. The Contrafatto Affair was an extraordinary case for rape legislation; it was among the first if not the first trial in France when a perpetrator of attentat à la pudeur avec violence (violent, indecent assault), was sentenced and found guilty when the prosecution used the argument of la violence morale (a type of coercion or abuse of an individual’s trust or naivety) when the victim suffered no physical signs of violence. Later, la violence morale and the requirement of consent became constitutive parts of the rape statutes by 1853 (for children) and 1857 (for adults), which this article develops through contextualizing law, rhetoric, and interpretation. The background of the trial provides an overview of certain procedures and protocols of 19th-century France. An examination of the jurisprudence related to attentat à la pudeur sans violence (non-violent, indecent assault, art. 331), attentat à la pudeur avec violence and la violence morale will highlight how forward-looking and risky the prosecution’s arguments were in his interpretation of article 332.
{"title":"The Contrafatto Affair: Law, Judicial Risk, and Consent","authors":"Sharon P Johnson","doi":"10.1177/17438721231226435","DOIUrl":"https://doi.org/10.1177/17438721231226435","url":null,"abstract":"In Paris, France on October 15, 1827, 28-year old Sicilian priest Joseph Contrafatto was sentenced for raping 5-year old Hortense Le Bon. This article frames the rhetorical strategies of the prosecution and defense using Robert Cover’s notion of judicial innovation, developed in his Justice Accused. Both sides based their arguments on articles 331 and 332 of the Criminal code. The Contrafatto Affair was an extraordinary case for rape legislation; it was among the first if not the first trial in France when a perpetrator of attentat à la pudeur avec violence (violent, indecent assault), was sentenced and found guilty when the prosecution used the argument of la violence morale (a type of coercion or abuse of an individual’s trust or naivety) when the victim suffered no physical signs of violence. Later, la violence morale and the requirement of consent became constitutive parts of the rape statutes by 1853 (for children) and 1857 (for adults), which this article develops through contextualizing law, rhetoric, and interpretation. The background of the trial provides an overview of certain procedures and protocols of 19th-century France. An examination of the jurisprudence related to attentat à la pudeur sans violence (non-violent, indecent assault, art. 331), attentat à la pudeur avec violence and la violence morale will highlight how forward-looking and risky the prosecution’s arguments were in his interpretation of article 332.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"6 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140715354","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 : 2024-04-11DOI: 10.1177/17438721241236957
Evelyn Wan
{"title":"Book Review: Treaty for a Lost City: The Sino-British Joint Declaration","authors":"Evelyn Wan","doi":"10.1177/17438721241236957","DOIUrl":"https://doi.org/10.1177/17438721241236957","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716543","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 : 2024-04-11DOI: 10.1177/17438721241236959
Rajgopal Saikumar
{"title":"Book Review: Resisting Dialogue: Modern Fiction and the Future of Dissent","authors":"Rajgopal Saikumar","doi":"10.1177/17438721241236959","DOIUrl":"https://doi.org/10.1177/17438721241236959","url":null,"abstract":"","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"19 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714040","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 : 2024-04-11DOI: 10.1177/17438721241227625
Tor Krever
This article uses legal and literary accounts of Francis Drake’s 16th-century depredations to consider the historical figure of the pirate in legal thought. Against the transhistorical figure of universal enmity of many international legal accounts, the article argues that the 16th-century pirate was a fundamentally contested figure reflecting contrasting juridical-political visions of world order. In the 16th-century Spanish imagination, piratical enmity, rooted in confessional identity, posed a threat to a universalising res publica Christiana and the juridico-political structure of Christendom. The emergence of a nascent English commercial imperialism challenging Iberian dominance in the Americas undergirded a quite different legal and literary piratical identity, Drake not heretical foe but vanguard of English imperial aspirations.
{"title":"Heretical enemy or vanguard of commerce? The pirate in the 16th-century legal and literary imagination","authors":"Tor Krever","doi":"10.1177/17438721241227625","DOIUrl":"https://doi.org/10.1177/17438721241227625","url":null,"abstract":"This article uses legal and literary accounts of Francis Drake’s 16th-century depredations to consider the historical figure of the pirate in legal thought. Against the transhistorical figure of universal enmity of many international legal accounts, the article argues that the 16th-century pirate was a fundamentally contested figure reflecting contrasting juridical-political visions of world order. In the 16th-century Spanish imagination, piratical enmity, rooted in confessional identity, posed a threat to a universalising res publica Christiana and the juridico-political structure of Christendom. The emergence of a nascent English commercial imperialism challenging Iberian dominance in the Americas undergirded a quite different legal and literary piratical identity, Drake not heretical foe but vanguard of English imperial aspirations.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"2 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716095","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 : 2024-04-11DOI: 10.1177/17438721241229066
Ian Ward
This article is an exercise in what might be termed ‘ironic’ legal history. The first part explores the idea of ‘ironic’ history, which aligns the insights of literary ‘ironism’ with those of micro and ‘anecdotal’ history and ‘new’ historicism. It will focus more particularly on the work of Richard Rorty, Carlo Ginzburg and Stephen Greenblatt. The second part of the article will present a ‘case-study’ in ironic legal history; revisiting the second-century trial of the Roman orator and writer Apuleius. Apuleius wrote two notably different accounts of the same experience, one pretending to fact, the other to fiction. To read these accounts is to engage in an exercise in ironic legal history.
{"title":"The Trials of Apuleius: An Ironic Legal History","authors":"Ian Ward","doi":"10.1177/17438721241229066","DOIUrl":"https://doi.org/10.1177/17438721241229066","url":null,"abstract":"This article is an exercise in what might be termed ‘ironic’ legal history. The first part explores the idea of ‘ironic’ history, which aligns the insights of literary ‘ironism’ with those of micro and ‘anecdotal’ history and ‘new’ historicism. It will focus more particularly on the work of Richard Rorty, Carlo Ginzburg and Stephen Greenblatt. The second part of the article will present a ‘case-study’ in ironic legal history; revisiting the second-century trial of the Roman orator and writer Apuleius. Apuleius wrote two notably different accounts of the same experience, one pretending to fact, the other to fiction. To read these accounts is to engage in an exercise in ironic legal history.","PeriodicalId":514759,"journal":{"name":"Law, Culture and the Humanities","volume":"22 S4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714852","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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