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Author: Jaafar Aksikas Publisher: Routledge ISBN: 1317244796 Category : Social Science Languages : en Pages : 384
Book Description
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the ‘juridical turn’, where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful—if often overlooked—influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim’s rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
Author: Jaafar Aksikas Publisher: Routledge ISBN: 1317244796 Category : Social Science Languages : en Pages : 384
Book Description
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the ‘juridical turn’, where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful—if often overlooked—influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim’s rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
Author: Cristyn Davies Publisher: Routledge ISBN: 1317697278 Category : Social Science Languages : en Pages : 169
Book Description
This edited collection is a cultural analysis of how law is shaped into procedure and principle by the conditions of everyday life. Law is constitutive of culture just as culture and cultural analyses shape, resist and interrogate legal regulation, exception and norms. So too does law have a dual capacity in the field of culture: it enables the formation of subjects and of cultural practices, and it constrains those very formations. This book uses the animating critical concerns of Cultural Studies over the last 20 years—that is, the symbolic, material, economic, and political practices and power relations that are inscribed in everyday life—to analyze the assembly of practices, procedures, sites, interactions and agents of law. The chapters in this collection accordingly examine the conditions of law’s everyday life, in situations ordinary and extraordinary, to show it in the moment of its working. This book was originally published as a special issue of Cultural Studies.
Author: Austin D. Sarat Publisher: Duke University Press ISBN: 0822384752 Category : Law Languages : en Pages : 377
Book Description
Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
Author: Cassandra Sharp Publisher: Routledge ISBN: 1317626265 Category : Law Languages : en Pages : 304
Book Description
What can law’s popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory. Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.
Author: Barbara Leckie Publisher: University of Pennsylvania Press ISBN: 1512805475 Category : Literary Criticism Languages : en Pages : 309
Book Description
Adultery, it is often assumed, was not a major concern of English culture during the Victorian age, and the apparent absence of adultery—indeed, of all explicit representations of sexuality—in turn made censorship for obscene libel unnecessary. Very few writers, conventional wisdom has it, were bold enough to defy the powerful implicit constraints imposed upon literary production. If we find no English Anna Karenina or Madame Bovary, Barbara Leckie nevertheless demonstrates that adultery preoccupied English culture during this period. After the Matrimonial Causes Act of 1857 was passed, adultery was prominently discussed in the Divorce Court. Transcriptions of divorce trials were an immensely popular front-page feature of almost all daily newspapers for more than fifty years. At the same time as narratives of adultery stood at the center of sensation novels such as Mary Elizabeth Bradden's The Doctor's Wife, literary reviews and cultural debates strongly encouraged serious novelists to avoid the topic. In Culture and Adultery, Leckie mines novels, newspapers, court and Parliamentary records to explore several related sets of issues. How, first, did adultery become "visible" in the public sphere in the second half of the nineteenth century? Why, conversely, has the discursive history of adultery been deemphasized in the English critical tradition? And how is the history of the Victorian and early twentieth-century English novel revised when the culture's concern with adultery and censorship are reintroduced?
Author: Karen Crawley Publisher: ISBN: 9781032741277 Category : Culture and law Languages : en Pages : 0
Book Description
"This handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies. Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what 'counts' as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures. Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context - in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally - as well as others interested in the interactions between authority, culture, and meaning"--
Author: Paul W. Kahn Publisher: University of Chicago Press ISBN: 9780226422558 Category : Law Languages : en Pages : 184
Book Description
Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.
Author: Austin Sarat Publisher: ISBN: 9786612920745 Category : Languages : en Pages : 377
Book Description
This interdisciplinary collection demonstrates the purchase of cultural studies frameworks for thinking about legal questions beyond the reach of the Law & Economics framework.
Author: John Nguyet Erni Publisher: Routledge ISBN: 1317156218 Category : Social Science Languages : en Pages : 382
Book Description
New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.
Author: Sean Johnson Andrews Publisher: Temple University Press ISBN: 143991429X Category : Law Languages : en Pages : 275
Book Description
This book looks at questions of intellectual property rights (IPR) -- historically, culturally, and politically -- and their relationship to law and the state. Arguing that the idea that intellectual property is another kind of property right (that is, that IP is a thing to be owned) exists in parallel with the idea that intellectual property is the consequence of a cultural process, Andrews discusses intellectual property rights within the context of cultural studies, treating them as an object through which intersecting cultural and political issues can be understood.?
Author: Jaafar Aksikas
Author: Jaafar Aksikas
Author: Cristyn Davies
Author: Austin D. Sarat
Author: Cassandra Sharp
Author: Barbara Leckie
Author: Karen Crawley
Author: Paul W. Kahn
Author: Austin Sarat
Author: John Nguyet Erni
Author: Sean Johnson Andrews