The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic.
Der Beziehung von Recht und Literatur wird seit einigen Jahrzehnten sowohl in der Literatur- als auch in der Rechtswissenschaft große Aufmerksamkeit zuteil. Vor dem Hintergrund der theoretischen und praktischen Anforderungen von Inter- und Transdisziplinarität bietet dieser Band einen Überblick über den aktuellen Stand des Forschungsfeldes. Rechts- und Literaturwissenschaftler_innen behandeln brisante Fragen wie die Möglichkeit von Methoden- und Begriffstransfers, mediale Darstellungen von Recht und den Zusammenhang zwischen Rechtsempfinden und den Künsten.
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.
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.
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.
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.
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.
Translated by Steven Corcoran Only yesterday aesthetics stood accused of concealing cultural games of social distinction. Now it is considered a parasitic discourse from which artistic practices must be freed. But aesthetics is not a discourse. It is an historical regime of the identification of art. This regime is paradoxical, because it founds the autonomy of art only at the price of suppressing the boundaries separating its practices and its objects from those of everyday life and of making free aesthetic play into the promise of a new revolution. Aesthetics is not a politics by accident but in essence. But this politics operates in the unresolved tension between two opposed forms of politics: the first consists in transforming art into forms of collective life, the second in preserving from all forms of militant or commercial compromise the autonomy that makes it a promise of emancipation. This constitutive tension sheds light on the paradoxes and transformations of critical art. It also makes it possible to understand why today?s calls to free art from aesthetics are misguided and lead to a smothering of both aesthetics and politics in ethics.
Explores the connections between psychoanalysis and law
This book describes the collisions between the art world and the law, with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include + the fate of works of art in wartime, + the international trade in stolen and illegally exported cultural property, + artistic freedom, + censorship and state support for art and artists, + copyright, + droit moral and droit de suite, + the artist's professional life and death, + collectors in the art market, + income and estate taxation, + charitable donations and works of art, and + art museums and their collections. The authors are recognised experts in the field who have defined the canon in many aspects of art law.
Utilising literature as a serious source of challenges to questions in philosophy and law, this book provides a fresh perspective not only upon the inculcation of the legal subject, but also upon the relationship between modernism, postmodernism and how such concepts might evolve in the construction of community ethics. The creation and role of the legal subject is just one aspect of jurisprudential enquiry now attracting much attention. How do moral values act upon the subject? How do moral 'systems' impinge upon the subject - jurist and judged - throughout the 20th century, when religious values are called into question, when 'existential' doubt prevails? To what extent do issues of gender and identity inform these questions? Many sources can provide insights into these issues: this book intends to concentrate upon fiction as just such a resource. However it is not just another law and literature compilation. Spanning the last century, each chapter will attempt to fulfil four objectives: to identify key texts in relation to a given period; to look for linked legal and philosophical developments from that period; to establish fresh links from these sources regarding concrete doctrinal, or practical legal questions, and finally draw a more general inference about the legal subject and the frequently less evident feminine citizen-subject. Central to this approach will be the consideration of contemporary case law and legal materials as social documents of the relationship between law and the wider community.
Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy.
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.
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.
A materialist critique of the politics, poetics and economics of suffering in liberalism that argues for attention to the labour of suffering of the victim in many well-meaning but flawed politics of redress, and imagines forms of representation, solidarity and justice that better honour the history and materiality of this labour.
Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law.
As the international art market globalizes the indigenous image, it changes its identity, status, value, and purpose in local and larger contexts. Focusing on a school of Australian Aboriginal painting that has become popular in the contemporary art world, Robyn Ferrell traces the influence of cultural exchanges on art, the self, and attitudes toward the other. Aboriginal acrylic painting, produced by indigenous women artists of the Australian Desert, bears a superficial resemblance to abstract expressionism and is often read as such by viewers. Yet to see this art only through a Western lens is to miss its unique ontology, logics of sensation, and rich politics and religion. Ferrell explores the culture that produces these paintings and connects its aesthetic to the brutal environmental and economic realities of its people. From here, she travels to urban locales, observing museums and department stores as they traffic interchangeably in art and commodities. Ferrell ties the history of these desert works to global acts of genocide and dispossession. Rethinking the value of the artistic image in the global market and different interpretations of the sacred, she considers photojournalism, ecotourism, and other sacred sites of the western subject, investigating the intersection of modern art and postmodern culture. She ultimately challenges the primacy of the "European gaze" and its fascination with sacred cultures, constructing a more balanced intercultural dialogue that deemphasizes the aesthetic of the real championed by western philosophy.
Normal.dotm0011901163SIU Press195141012.00false18 pt18 pt00falsefalsefalse!--StartFragment-- Fringe Benefits, an award-winning theatre company, collaborates with schools and communities to create plays that promote constructive dialogue about diversity and discrimination issues. Staging Social Justice is a groundbreaking collection of essays about Fringe Benefits’ script-devising methodology and their collaborations in the United States, Australia, Canada and the United Kingdom. The anthology also vividly describes the transformative impact of these creative initiatives on participants and audiences. By reflecting on their experiences working on these projects, the contributing writers—artists, activists and scholars—provide the readerwith tools and inspiration to create their own theatre for social change. “Contributors to this big-hearted collection share Fringe Benefits’ play devising process, and a compelling array of methods for measuring impact, approaches to aesthetics (with humor high on the list), coalition and community building, reflections on safe space, and acknowledgement of the diverse roles needed to apply theatre to social justice goals. The book beautifully bears witness to both how generative Fringe Benefits’ collaborations have been for participants and to the potential of engaged art in multidisciplinary ecosystems more broadly.”—Jan Cohen-Cruz, editor of Public: A Journal of Imagining America !--EndFragment--