law and art justice ethics and aesthetics

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Law And Art

Author : Oren Ben-Dor
ISBN : 9781136719752
Genre : Art
File Size : 83. 73 MB
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The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic.

Kangaroo Courts And The Rule Of Law

Author : Desmond Manderson
ISBN : 9780415529518
Genre : Law
File Size : 30. 91 MB
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"Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-onfigured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida's writings on law, as wellas using Derrida and Bakhtin to clarify Lawrence's experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible." -- Publisher's website.

Justice Miscarried

Author : Costas Douzinas
ISBN : STANFORD:36105060920282
Genre : Law
File Size : 48. 85 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.

Acoustic Jurisprudence

Author : James E K Parker
ISBN : 9780191054662
Genre : Law
File Size : 53. 38 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.

Sensing The Nation S Law

Author : Stefan Huygebaert
ISBN : 9783319754970
Genre : Law
File Size : 79. 77 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.

The Art Of Post Dictatorship

Author : Vikki Bell
ISBN : 9781317975588
Genre : Law
File Size : 26. 54 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.

The Eye Of The Law

Author : Michael Stolleis
ISBN : 9781134028115
Genre : History
File Size : 66. 63 MB
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Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.

Law And The Postmodern Mind

Author : Peter Goodrich
ISBN : 0472108417
Genre : Law
File Size : 76. 36 MB
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Explores the connections between psychoanalysis and law

Jean Luc Nancy

Author : Benjamin Hutchens
ISBN : 9781441133588
Genre : Philosophy
File Size : 48. 89 MB
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Before now, Jean-Luc Nancy's contributions to legal and political theory have been largely overlooked and lacking the in-depth appraisal they deserve. In this unique collection, eighteen notable Nancy scholars contextualize Nancy's work in these areas within the broad corpus of his other concerns. By emphasizing the originality of his theories in a globalizing age, each distinctive chapter provides a new and valuable insight into Nancy's legal and political philosophy. Together with his work on sense, community and art, these cutting edge contributions examine Nancy's conceptions of justice, legality and world in conjunction with the interpretation and rationality of: · The ontology of the event. · The form of relationality. · The effects of globalization. · The importance of Christianity in contemporary legal and political theory. Including a brand new essay by Nancy himself, this collection marks an important and timely step in a rich area of study.

The Cambridge Companion To Ralph Ellison

Author : Ross Posnock
ISBN : 9781139827102
Genre : Literary Criticism
File Size : 87. 97 MB
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Ralph Ellison's classic 1952 novel Invisible Man is one of the most important and controversial novels in the American canon and remains widely read and studied. This Companion provides an introduction to this influential and significant novelist and critic and to his masterpiece. It features essays by leading scholars, a chronology and a guide to further reading. The essays reveal alternative dimensions of Ellison's art radiating out from Invisible Man into other domains - technology, political theory, law, photography, music, religion - and recover the compelling urgency and relevance of Ellison's political and artistic vision. Since Ellison's death his published oeuvre has been expanded by several major volumes - his collected essays, the fragment of a novel, Juneteenth (1999), letters and short stories - examined here in the context of his life and work. Students and scholars of Ellison and of American and African-American literature will find this an invaluable and accessible guide.

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