By Andrew T. Kenyon, Peter D. Rush
This designated quantity of "Studies in legislation, Politics, and Society - The Aesthetics of legislations and tradition: Texts, pictures, monitors" - examines practices of illustration and their relation to juridical and cultural formations. The chapters variety around the media of speech and writing, be aware and photograph, laws and judgment, literature, cinema and images. The contributions draw on disciplines together with jurisprudence, literary feedback, philosophy, cinema experiences, paintings and visible reports, cartography, historiography and drugs. they're ordered in keeping with 4 trendy subject matters in modern, theoretically expert serious scholarship: Crime Scenes: Sexuality and illustration; websites Unsaid: Testimony, picture, style; (Post) Colonial Appropriations; and monitor tradition: Sovereignty, Cinema and legislation.
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Additional resources for An Aesthetics of Law and Culture, Volume 34: Texts, images, screens (Studies in Law, Politics, and Society) (Studies in Law, Politics, and Society)
Moreover, the reordering of gods and humans, of the universal and the contingent, is a question of sovereignty. Where Godden and Reilly addressed the territorial and historical representations of the assertion of sovereignty, Hussain’s philosophical reading of the rhetoric of sovereignty is turned towards the practice of cinema in Part IV of this volume. Cinema here functions as a contemporary site of jurisprudence. Each of the three chapters in this final part can be read as traversing jurisprudential debates by working-through the contemporary cinematic representations of sovereignty and the absent or disappearing bodies of law.
In the context of law, the chief target of feminist critique has been those legal tactics which construct female complainants as a particular class of subject: that is, as a subject who cannot produce trustworthy speech. Historically, these legal tactics have included the admission of evidence about a complainant’s sexual history (generally to undermine her testimony) and the requirement that judges warn juries to be careful when convicting the accused on the uncorroborated evidence of a woman.
The fundamental problem with Fish’s critique is that he subjects a normative theory to functionalist imperatives and thereby domesticates rather than explains Dworkin’s anxieties concerning the potential instability of the law. Beyond this, however, both are concerned with maintaining the integrity and meaning of the texts of law and of literature. For Dworkin, the text is a question of doctrinal “fit” and the “unity” of the work. For Fish, it is “strategy” which secures integrity and meaning. 26 PETER D.