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The trans-disciplinary study of law and the humanities is becoming a more widespread focus among scholars from a range of disciplines. Complementary in several major ways, concepts and theories of law can be used to formulate fresh ideas about the humanities, and vice versa. Law, Mystery, and the Humanities, a collection of essays by leading scholars, is based on the hypothesis that law has significant contributions to make to ongoing discussions of philosophical issues recurrent in the humanities. The philosophical issues in question include the role of rationality in human experience, the problem of dissent, the persistence of suffering, and the possibility of transcendence. In each of these areas, law is used to add complexity and offer divergent perspectives, thus moving important questions in the humanities forward by introducing the possibility of alternative analysis. Ranging from discussions of detective fiction, Chomsky's universal grammar, the poetry of Margaret Atwood, the Great Plague of London, and more, Law, Mystery, and the Humanities offers a unique examination of trans-disciplinary potential.
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, lived universalism, that draws on lived experience in the margins to give rights a subversive and emancipatory meaning.
An interdisciplinary analysis of the ways in which symbolic acts create social norms, Power and Legitimacy is an important contribution to the growing body of scholarship on law and literature. Drawing on the theoretical insights of Judith Butler and Pierre Bourdieu, Anne Quéma demonstrates the effect of symbolic violence on the creation of social and political legitimacy. Examining modern jurisprudence theory, statutory law, and the family within the modern Gothic novel, Quéma shows how the forms and effects of political power transform as one shifts from discourse to discourse. An impressive integration of the scholarship in these three fields, Power and Legitimacy is a thought-provoking analysis of the basis of power and the law.
Since the adoption of the Universal Declaration of Human Rights of 1948, the discourse of human rights has expanded to include not just civil and political rights but economic, social, cultural, and, most recently, collective rights. Given their broad scope, human rights issues are useful touchstones in the humanities classroom and benefit from an interdisciplinary and cross-cultural pedagogy in which objects of study are situated in historical, legal, philosophical, literary, and rhetorical contexts. Teaching Human Rights in Literary and Cultural Studies is a sourcebook of inventive approaches and best practices for teachers looking to make human rights the focus of their undergraduate and graduate courses. Contributors first explore what it means to be human and conceptual issues such as law and the state. Next, they approach human rights and related social-justice issues from the perspectives of particular geographic regions and historical eras, through the lens of genre, and in relation to specific rights violations--for example, storytelling and testimonio in Latin America or poetry created in the aftermath of the Armenian genocide. Essays then describe efforts to cultivate students' capacity for ethical reading practices and to deepen their understanding of the stakes and artistic dimensions of human rights representations, drawing on active learning and experimental class contexts. The final section, on resources, directs readers to further readings in history, criticism, theory, and literary and visual studies and provides a chronology of human rights legal documents.
A rich collection of interdisciplinary essays, this book explores the question: what is to be found at the intersection of the sensorium and law’s empire? Examining the problem of how legal rationalities try to grasp what can only be sensed through the body, these essays problematize the Cartesian framework that has long separated the mind from the body, reason from feeling and the human from the animal. In doing so, they consider how the sensorium can operate, variously, as a tool of power or as a means of countering the exercise of regulatory force. The senses, it is argued, operate as a vector for the implication of subjects in legal webs, but also as a powerful site of resistance to legal definition and determination. From the sensorium of animals to technologically mediated perception, the ways in which the law senses and the ways in which senses are brought before the law invite a questioning of the categories of liberal humanism. And, as this volume demonstrates, this questioning opens up the both interesting and important possibility of imagining other sensual subjectivities.
This book looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. 'Calls for justice' may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. This study shows how art operates as an interface, here, between two spheres: the larger realm of justice and the more specific system of law. This interface has a double potential. It can make law and justice affirm or productively disturb one another. Approaching issues of injustice that are felt globally, eight chapters focus on original works of art not dealt with before, including Milo Rau's The Congo Tribunal, Elfriede Jelinek's Ulrike Maria Stuart, Valeria Luiselli's Tell Me How It Ends and Nicolas Winding Refn's Only God Forgives. They demonstrate how through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. The book considers the improvement of law and justice to be a global struggle and, whilst the issues dealt with are culture-specific, it argues that the logics introduced are applicable everywhere.
This innovative study presents a genealogy of modern comparative law, examining both theory and practice around the world.
A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.
Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.