The contributions to Law and Art address the interaction between law, justice, the ethical and the aesthetic.
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.
Martin Luther King, Jr. once said "the arc of the moral universe is long, but it bends toward justice." Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century,from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape thishalf-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, infields including public international law, human rights, transitional justice, international criminal law, and capital punishment.
Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda, accused of inciting genocide with his songs. In the early 1990s, Bikindi had been one of Rwanda's most well-known and popular figures - the country's minister for culture and its most famous and respected singer. But by the end of 1994, his songs had quite literally soundtracked a genocide. Acoustic Jurisprudence is the first detailed study of the trial that followed. It is also the first work of contemporary legal scholarship to address the many relations between law and sound, which are of much broader importance but which this trial very conspicuously raises. One half of the book addresses the Tribunal's 'sonic imagination'. How did the Tribunal conceive of Bikindi's songs for the purposes of judgment? How did it understand the role of radio and other media in their transmission? And with what consequences for Bikindi? The other half of the book is addressed to how such concerns played out in court. Bikindi's was a 'musical trial', as one judge pithily observed. Audio and audio-visual recordings of his songs were played regularly throughout. Witnesses, including Bikindi himself, frequently sang, both of their own accord and at the request of the Tribunal. Indeed, Bikindi even sang his final statement. All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'. Through the lens of the Bikindi trial, the book's most important innovation is to open up the field of sound to jurisprudential inquiry. Ultimately, it is an argument for a specifically acoustic jurisprudence.
'The Oxford Handbook of Aesthetics' has assembled 48 brand-new essays, making this a comprehensive guide available to the theory, application, history, and future of the field.
Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software (F/OSS) movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration.
Discussing the diverse relationships between law and the artistic image, this book includes coverage of the history of the relationship between art and law, and the ways in which the visual is made subject to the force of the law.
Can a good work of art be evil? 'Art, Ethics, and Emotion' explores this issue, arguing that artworks are always aesthetically flawed insofar as they have a moral defect that is aesthetically relevant. This book will be of interest to anyone who wants to understand the relation of art to morality.
This volume explores the principles that govern moral responsibility and legal liability for omissive conduct. Many of this book's contributors try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, the volume also considers various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good.
This volume analyzes innovative forms of media and music (art installations, television commercials, photography, films, songs, telenovelas) to examine the performance of migration in contemporary culture. Though migration studies and media studies are ostensibly different fields, this transnational collection of essays addresses how their interconnection has shaped our understanding of the paradigms through which we think about migration, ethnicity, nation, and the transnational. Cultural representations intervene in collective beliefs. Art and media clearly influence the ways the experience of migration is articulated and recalled, intervening in individual perceptions as well as public policy. To understand the connection between migration and diverse media, the authors examine how migration is represented in film, television, music, and art, but also how media shape the ways in which host country and homeland are imagined. Among the topics considered are new mediated forms for representing migration, widening the perspective on the ways these representations may be analyzed; readings of enactments of memory in trans- and inter-disciplinary ways; and discussions of globalization and transnationalism, inviting us to rethink traditional borders in respect to migration, nation states, as well as disciplines.
This edited collection sets forth a new understanding of aesthetic-moral judgment organized around three key concepts: pleasure, reflection, and accountability. The overarching theme is that art is not merely a representation or expression like any other, but that it promotes shared moral understanding and helps us engage in meaning-making. This volume offers an alternative to brain-centric and realist approaches to aesthetics. It features original essays from a number of leading philosophers of art, aesthetics, ethics, and perception, including Elizabeth Burns Coleman, Garrett Cullity, Cynthia A. Freeland, Ivan Gaskell, Paul Guyer, Jane Kneller, Keith Lehrer, Mohan Matthen, Jennifer A. McMahon, Bence Nanay, Nancy Sherman, and Robert Sinnerbrink. Part I of the book analyses the elements of aesthetic experience—pleasure, preference, and imagination—with the individual conceived as part of a particular cultural context and network of other minds. The chapters in Part II explain how it is possible for cultural learning to impact these elements through consensus building, an impulse to objectivity, emotional expression, and reflection. Finally, the chapters in Part III converge on the role of dissonance, difference, and diversity in promoting cultural understanding and advancement. Social Aesthetics and Moral Judgment will appeal to philosophers of art and aesthetics, as well as scholars in other disciplines interested in issues related to art and cultural exchange.
This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.
This major collection of essays examines issues surrounding aesthetics and ethics.
This book examines the importance of the animal in modern art theory, using classic texts of modern aesthetics and texts written by modern artists to explore the influence of the human-animal relationship on nineteenth and twentieth century artists and art theorists. The book is unique due to its focus on the concept of the animal, rather than on images of animals, and it aims towards a theoretical account of the connections between the notions of art and animality in the modern age. Roni Grén’s book spans various disciplines, such as art theory, art history, animal studies, modernism, postmodernism, posthumanism, philosophy, and aesthetics.
What is art? What counts as an aesthetic experience? Does art have to beautiful? Can one reasonably dispute about taste? What is the relation between aesthetic and moral evaluations? How to interpret a work of art? Can we learn anything from literature, film or opera? What is sentimentality? What is irony? How to think philosophically about architecture, dance, or sculpture? What makes something a great portrait? Is music representational or abstract? Why do we feel terrified when we watch a horror movie even though we know it to be fictional? In Conversations on Art and Aesthetics, Hans Maes discusses these and other key questions in aesthetics with ten world-leading philosophers of art: Noël Carroll, Gregory Currie, Arthur Danto, Cynthia Freeland, Paul Guyer, Carolyn Korsmeyer, Jerrold Levinson, Jenefer Robinson, Roger Scruton, and Kendall Walton. The exchanges are direct, open, and sharp, and give a clear account of these thinkers' core ideas and intellectual development. They also offer new insights into, and a deeper understanding of, contemporary issues in the philosophy of art.
Few phenomena are as formative of our experience of the visual world as displays of suffering. But what does it mean to have an ethical experience of disturbing or traumatizing images? What kind of ethical proposition does an image of pain mobilize? How may the spectator learn from and make use of the painful image as a source of ethical reflection? Engaging with a wide range of visual media--from painting, theatre, and sculpture, to photography, film, and video--this interdisciplinary collection of essays by leading and emerging scholars of visual culture offers a reappraisal of the increasingly complex relationship between images of pain and the ethics of viewing. Ethics and Images of Pain reconsiders the persistent and ever pertinent nexus of aesthetics and ethics, the role of painful images as generators of unpredictable forms of affect, the moral transformation of spectatorship, the ambivalence of the witness and the representation of afflication as a fundamental form of our shared scopic experience. The instructive and illuminating essays in the collection introduce a phenomenological context in which to make sense of our current ecology of excruciating images, one that accentuates notions of responsibility, empathy, and imagination. Contributors trace the images of pain across a miscellany of case studies, and amongst the topics addressed are: the work of artists as disparate as Doris Salcedo, Anselm Kiefer and Bendik Riis; photographs from Abu Ghraib and Rwanda; Hollywood war films and animated documentaries; performances of self-immolations and incidents of police brutality captured on mobile phones.
Taking the view that aesthetics is a study grounded in perception, the essays in this volume exhibit many sides of the perceptual complex that is the aesthetic field and develop them in different ways. They reinvigorate our understanding of such arts as music and architecture; they range across the natural landscape to the urban one; they reassess the place of beauty in the modern environment and reassess the significance of the contributions to aesthetic theory of Kant and Dewey; and they broach the kinds of meanings and larger understanding that aesthetic engagement with the human environment can offer. Written over the past decade, these original and innovative essays lead to a fresh encounter with the possibilities of aesthetic experience, one which has constantly evolved, moving in recent years in the direction of what Berleant terms 'social aesthetics', which enhances human-environmental integration and sociality.
Drawing the Line examines the ways in which cultural, political, and legal lines are imagined, drawn, crossed, erased, and redrawn in post-apartheid South Africa through literary texts, artworks, and other forms of cultural production. Under the rubric of a philosophy of the limit and with reference to a range of signifying acts and events, this book asks what it takes to recalibrate a sociopolitical scene, shifting perceptions of what counts and what matters, of what can be seen and heard, of what can be valued or regarded as meaningful. The book thus argues for an aesthetics of transitional justice and makes an appeal for a postapartheid aesthetic inquiry, as opposed to simply a political or a legal one. Each chapter brings a South African artwork, text, speech, building, or social encounter into conversation with debates in critical theory and continental philosophy, asking: What challenge do these South African acts of signification and resignification pose to current literary-philosophical debates?
Aesthetics: A Reader in Philosophy of the Arts, fourth edition, contains a selection of ninety-six readings organized by individual art forms as well as a final section of readings in philosophical aesthetics that cover multiple art forms. Sections include topics that are familiar to students such as painting, photography and movies, architecture, music, literature, and performance, as well as contemporary subjects such as mass art, popular arts, the aesthetics of the everyday, and the natural environment. Essays are drawn from both the analytic and continental traditions, and multiple others that bridge this divide between these traditions. Throughout, readings are brief, accessible for undergraduates, and conceptually focused, allowing instructors many different syllabi possibilities using only this single volume. Key Additions to the Fourth Edition The fourth edition is expanded to include a total of ninety-six essays with nineteen new essays (nine of them written exclusively for this volume), updated organization into new sections, revised introductions to each section, an increased emphasis on contemporary topics, such as stand-up comedy, the architecture of museums, interactivity and video games, the ethics of sexiness, trans/gendered beauty, the aesthetics of junkyards and street art, pornography, and the inclusion of more diverse philosophical voices. Nevertheless, this edition does not neglect classic writers in the traditional aesthetics: Plato, Aristotle, Hume, Kant, Hegel, Heidegger, Collingwood, Bell, and writers of similar status in aesthetics. The philosophers writing new chapters exclusively for this fourth edition are: • Sondra Bacharach on street art • Aili Bresnahan on appreciating dance • Hina Jamelle on digital architecture • Jason Leddington on magic • Sheila Lintott on stand-up comedy • Yuriko Saito on everyday aesthetics • Larry Shiner on art spectacle museums in the twenty-first century • Peg Brand Weiser on how beauty matters • Edward Winters on the feeling of being at home in vernacular architecture, as in such urban places as bars.