law and art justice ethics and aesthetics

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Law And Art

Author : Oren Ben-Dor
ISBN : 9781136719745
Genre : Art
File Size : 72. 45 MB
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In engaging with the full range of 'the arts', contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic. Art continually informs the ethics of a legal theory concerned to address how theoretical abstractions and concrete oppressions overlook singularity and spontaneity. Indeed, the exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris - an art of law - which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside, particularly in the wake of modernism. But approaching art in that way risks distorting the very inexpressibility to which art is attentive and responsive, whilst remaining a custodian of its mystery. The novelty and ambition of this book, then, is to elicit, in very different ways, styles and orientations, the importance of the relationship between law and art. What can law and art bring to one another, and what can their relationship tell us about how truth relates to power? The insights presented in this collection disturb and supplement conventional accounts of justice; inaugurating new possibilities for addressing the origin of violence in our world.

Justice Miscarried

Author : Costas Douzinas
ISBN : STANFORD:36105060920282
Genre : Law
File Size : 65. 19 MB
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The law is going through a period of deep crisis, exemplified by continuing revelations of miscarriages of justice, which calls for radical reassessment of the relationship betwen law and morality. The technocratic efficiency aimed at by modern law can no longer be perceived as a subsitute for the law's failure to deliver justice. This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality. It argues that the separation between law and ethics led to the failure of the law to deliver its promise of justice and claims that only by taking seriously a philosophy of otherness can the law be transformed into an acceptable ethical basis of social communication; otherwise it will remain divorced from ethics and its decline into amoral technocratic management will continue. The authors of this book confront an issue of great contemporary concern in an innovative and often controversial way. Theories of justice and the place of otherness in them are examined in detail, and the tragedy of Antigone is presented as the foundational myth of legality. Casuistry, another forgotten tradition, often contrasted with the reason of the law, is next traced in the common law. Legal philosophies, and the ideas of Kant, Hegel, Heidegger, Derrida and Levinas, are discussed in an exploration of the ethical elements missing in modern justice. The ethics alterity is then applied to a series of cases dealing with refugees. The book concludes by proposing a theory of legal aesthetics through a reading of a Shakespearean sonnet and Sir Joshua Reynolds' discourses on art.

The Art Of Post Dictatorship

Author : Vikki Bell
ISBN : 9781317975588
Genre : Law
File Size : 29. 77 MB
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Since the end of the last dictatorship in 1983, Argentina’s visual artists and art-activists have been central to campaigns to demand the criminal prosecution of those initially granted amnesty and to a variety of commemorative projects. In The Art of Post-Dictatorship: Ethics and Aesthetics in Transitional Argentina Vikki Bell examines this involvement and intervention. She argues that the problematics that arise within the aesthetic realm cannot be understood solely through an art-historical approach; instead, they must be understood as a constitutive part of a broader collective endeavour. In this sense, the ‘art’ of post-dictatorship is not something that belongs to art or the artists themselves, but is about how the subjectivities and imaginations of new generations are constituted and entwined with questions of response, ethics and justice. It concerns how people align themselves between the past and the future. This book will be an invaluable resource for those studying the law, politics, art and sociology of contemporary Argentina as well as those concerned more widely with transitional justice and the politics of memory.

Arcs Of Global Justice

Author : Margaret M. DeGuzman
ISBN : 9780190272654
Genre : Law
File Size : 77. 11 MB
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Martin Luther King, Jr. once said "the arc of the moral universe is long, but it bends toward justice." Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century,from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape thishalf-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, infields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

Acoustic Jurisprudence

Author : James E K Parker
ISBN : 9780191054662
Genre : Law
File Size : 50. 9 MB
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Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda, accused of inciting genocide with his songs. In the early 1990s, Bikindi had been one of Rwanda's most well-known and popular figures - the country's minister for culture and its most famous and respected singer. But by the end of 1994, his songs had quite literally soundtracked a genocide. Acoustic Jurisprudence is the first detailed study of the trial that followed. It is also the first work of contemporary legal scholarship to address the many relations between law and sound, which are of much broader importance but which this trial very conspicuously raises. One half of the book addresses the Tribunal's 'sonic imagination'. How did the Tribunal conceive of Bikindi's songs for the purposes of judgment? How did it understand the role of radio and other media in their transmission? And with what consequences for Bikindi? The other half of the book is addressed to how such concerns played out in court. Bikindi's was a 'musical trial', as one judge pithily observed. Audio and audio-visual recordings of his songs were played regularly throughout. Witnesses, including Bikindi himself, frequently sang, both of their own accord and at the request of the Tribunal. Indeed, Bikindi even sang his final statement. All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'. Through the lens of the Bikindi trial, the book's most important innovation is to open up the field of sound to jurisprudential inquiry. Ultimately, it is an argument for a specifically acoustic jurisprudence.

Drawing The Line

Author : Carrol Clarkson
ISBN : 9780823254156
Genre : Literary Criticism
File Size : 86. 7 MB
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Drawing the Line examines the ways in which cultural, political, and legal lines are imagined, drawn, crossed, erased, and redrawn in post-apartheid South Africa through literary texts, artworks, and other forms of cultural production. Under the rubric of a philosophy of the limit and with reference to a range of signifying acts and events, this book asks what it takes to recalibrate a sociopolitical scene, shifting perceptions of what counts and what matters, of what can be seen and heard, of what can be valued or regarded as meaningful. The book thus argues for an aesthetics of transitional justice and makes an appeal for a postapartheid aesthetic inquiry, as opposed to simply a political or a legal one. Each chapter brings a South African artwork, text, speech, building, or social encounter into conversation with debates in critical theory and continental philosophy, asking: What challenge do these South African acts of signification and resignification pose to current literary-philosophical debates?

Sensing The Nation S Law

Author : Stefan Huygebaert
ISBN : 9783319754970
Genre : Law
File Size : 24. 97 MB
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This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.

Coding Freedom

Author : E. Gabriella Coleman
ISBN : 9780691144610
Genre : Computers
File Size : 47. 65 MB
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Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software (F/OSS) movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration.

Law And The Image

Author : Costas Douzinas
ISBN : 0226569543
Genre : Art
File Size : 73. 20 MB
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Discussing the diverse relationships between law and the artistic image, this book includes coverage of the history of the relationship between art and law, and the ways in which the visual is made subject to the force of the law.

The Oxford Handbook Of Aesthetics

Author : Jerrold Levinson
ISBN : 0199279454
Genre : Art
File Size : 33. 22 MB
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'The Oxford Handbook of Aesthetics' has assembled 48 brand-new essays, making this a comprehensive guide available to the theory, application, history, and future of the field.

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