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This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
Who do you think you are? In Subjectivity, Ruth Robbins explores some of the responses to this fundamental question. In readings of a number of autobiographical texts from the last three centuries, Robbins offers an approachable account of formations of the self which demonstrates that both psychology and material conditions - often in tension with one another - are the building blocks of modern notions of selfhood. Key texts studied include: - William Wordsworth's Prelude - Thomas De Quincey's Confessions of an English Opium Eater - James Joyce's A Portrait of the Artist as a Young Man - Oscar Wilde's De Profundis - Jung Chang's Wild Swans Robbins also argues that our subjectivity, far from being the secure possession of the individual, is potentially fragile and contingent. She shows that the versions of subjectivity authorized by the dominant culture are full of gaps and blindspots that undo any notion of universal human nature: subjectivity is culturally and historically specific - we are, in part, what the culture in which we live permits us to be. Concise and easy-to-follow, this introduction to the concept of subjectivity, and the theories surrounding it, shows that, in spite of the insecurity of selfhood, there is still much to be gained from the textual encounter with other selves. It is essential reading for all those studying 'autobiography' or 'autobiographical writing'.
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about people that law should protect in a computational world.
Citizenship is at the forefront of popular imagination as political movements and state governments around the world traffic in anti-immigrant rhetoric and call for increased policing of borders. Literature and Citizenship in the Age of Revolution: A Wish for Air and Liberty looks back to a critical historical juncture in the development of citizenship to uncover how literature contoured and contested imaginings of citizenship. While territory and the nation-state often frame our understanding of citizenship, this book focuses on how non-citizens, foreigners, and strangers have long been central to citizenship’s coherence. Rather than rootedness, literary texts exposed the circulations of persons, ideas, and affections at the heart of citizenship. This book brings together an unlikely combination of writers—Olaudah Equiano, Jane Austen, Mary Shelley, and Herman Melville—to show how literature in the Age of Revolution exposed contradictions in notions of liberty and slavery that impacted how citizenship was conceived and practiced.
This important multivolume work sheds light on current—and future—research on cultural universals and differences in personality in their evolutionary, ecological, and cultural contexts. How does culture impact personality traits? To answer that question, the three volumes in this set address current theory and research on culture and personality in an effort to determine how people differ—and how they are alike. Detailed chapters by scholars from around the world unveil a fascinating picture of the relationship between culture and important aspects of personality. They also address the accuracy or meaningfulness of trait comparisons across cultures and the methods and limitations of research on the subject. As most psychological research is conducted on participants from Western industrialized countries, a work that includes a wide range of cultures not only fosters a more complete understanding of human personality, but also broadens perspectives on value systems and ways to live. Each of the three volumes concentrates on distinct areas of research, exposing the reader to the diverse theoretical and empirical approaches and topics in the field. Volume 1 focuses on the cross-cultural study of personality dispositions or traits. Volume 2 examines the relationship between culture and other important aspects of personality, including the self, emotions, motives, values, beliefs, and life narratives, as well as aspects of personality and adjustment associated with biculturalism and intercultural competence. Volume 3 looks at evolutionary, genetic, and neuroscience perspectives on personality across cultures along with ecological and cultural influences. In addition to providing readers with a thorough analysis of current and future directions for research, this unrivaled work brings together multiple perspectives on personality across cultures, thereby promoting a more integrative understanding of this important topic.
There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.
Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law.