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1.
Jacques de Ville 《International Journal for the Semiotics of Law》2008,21(2):117-137
In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look
at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive
is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well
as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation.
This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School,
University of London.
相似文献
Jacques de VilleEmail: |
2.
Daniel Paul McLoughlin 《Law and Critique》2009,20(2):163-176
The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines
the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law
is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political
analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation,
and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as
such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply
indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and
its excess.
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Daniel Paul McLoughlinEmail: |
3.
Carl R. Hausman 《International Journal for the Semiotics of Law》2008,21(3):209-222
Charles Peirce’s semeiotic is inseparable from his account of the three categories of experience and his metaphysics. The
discussion summarizes his account of the categories and considers the way they have ontological implications. These implications
are then focused on Peirce’s Apapism, which is his way of referring to a theory of evolution. Finally, some suggestions are
offered for a way the semeiotic with the metaphysical implications, especially their relevance for a theory of evolution,
propose how Peirce might apply them for questions of jurisprudence.
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Carl R. HausmanEmail: |
4.
Jane Johnson 《Criminal Law and Philosophy》2008,2(3):291-307
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
相似文献
Jane JohnsonEmail: |
5.
Using social network analysis (SNA), we propose a model for targeting criminal networks. The model we present here is a revised
version of our existing model (Schwartz and Rouselle in IALEIA Journal, 18(1):18–14, 2008), which itself builds on Steve Borgatti’s SNA-based key player approach. Whereas Borgatti’s approach focuses solely on actors’
network positions, our model also incorporates the relative strength or potency of actors, as well as the strength of the
relationships binding network actors.
相似文献
Tony (D.A.) Rouselle |
6.
Jacques de Ville 《Law and Critique》2009,20(1):59-78
The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this
article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing how Heidegger relates this fragment to his thinking of Being, the latter having been ‘forgotten’ by metaphysics.
Heidegger’s reading at the same time involves a contemplation of technology and of the ontological relation of beings to each
other. Derrida’s reading of Heidegger’s Der Spruch highlights specifically those parts of Heidegger’s text where that which precedes Being’s gathering, Being’s disjoining or
dissemination, is pointed to. This disjoining, Derrida contends, speaks of the gift of a day more ancient than memory itself
and ties in closely with certain aspects of the thinking of Marx. Derrida’s focus on that which precedes Being is in turn
related to his contemplation of the law or condition of possibility of technology and also of that which makes possible a
relation to the other as other. This condition of possibility, or the gift of Being, which Heidegger’s text also speaks of,
involves a ‘higher law’ which can serve as a ‘measure’ for the evaluation, interpretation and transformation of positive law.
相似文献
Jacques de VilleEmail: |
7.
Michael Levi 《Crime, Law and Social Change》2008,49(5):365-377
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
相似文献
Michael LeviEmail: |
8.
Kimberly Kessler Ferzan 《Criminal Law and Philosophy》2009,3(1):97-101
This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes.
Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although
Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.
相似文献
Kimberly Kessler FerzanEmail: |
9.
Giuseppe Bronzini 《Law and Critique》2008,19(3):255-274
This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original
and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis
is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following
a constructive approach, the author examines the current debate among European public actors on this issue, with particular
emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well
as in recently published European Commission documents on ‘flexicurity’.
相似文献
Giuseppe BronziniEmail: |
10.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
11.
Antonio Negri 《Law and Critique》2008,19(3):335-343
The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation
correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify
those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some
privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance
dynamics, as well as for ontological devices engaged in the production of subjectivity.
相似文献
Antonio NegriEmail: |
12.
Jeanne L. Schroeder 《Law and Critique》2007,18(1):117-142
H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact,
Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law:
subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content.
Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as
his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory,
he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore,
be supplemented by other sources.
Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal
subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience:
obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic
to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s
fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.
相似文献
Jeanne L. SchroederEmail: |
13.
Christian Joerges 《Law and Critique》2008,19(3):235-253
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’,
arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration
project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal
conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first
with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent
judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and
empirical background, can often only be signalled, but not developed systematically.
相似文献
Christian JoergesEmail: |
14.
Institutionalized corruption: power overconcentration of the First-in-Command in China 总被引:1,自引:1,他引:0
Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy
of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements
under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership
team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round
process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses
four institutional innovations designed to prevent FIC corruption.
相似文献
Ren Jianming (Corresponding author)Email: |
Du ZhizhouEmail: |
15.
Jiří Přibáň 《International Journal for the Semiotics of Law》2009,22(2):179-195
The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law.
The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural
and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply
highlight the virtues of demos and the superiority of civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of
political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept
of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural
identity politics.
相似文献
Jiří PřibáňEmail: |
16.
Andrea Beccarini 《Economic Change and Restructuring》2007,40(3):223-234
This paper shows a non-linear relationship between investment and interest rates under uncertainty. Since the interest rate’s
variance is positively related to the investment’s value (through the discount factor) and, generally, is also positively
related to the interest rate’s level, then, at the same time, a negative (classical) and a positive (through the interest
rate’s variance) relationship links interest rates to investment. Hence, an ultimate and even positive relationship between
investment and interest rates’ (expected) level may occur. A specific model is proposed and the conditions upon which the
positive effect occurs are derived. Some estimates are also proposed.
相似文献
Andrea BeccariniEmail: |
17.
Michael Blecher 《Law and Critique》2008,19(3):297-306
The governance phenomenon brings law back to its very ‘origin’, namely, law-making (‘Recht-Fertigung’), and reveals that law
is not anchored to a specific ‘polis’ or to Hobbesian statehood, but is able to pursue different forms of ‘the common’ as
long as its paradox function is fulfilled. Law recognises and develops normative standards for the creation of social structures
while also leading a continuous battle against any restrictions to democracy, common wealth and justice connected to these
structures. Law here acts ‘politically’ and in affinity to social movements that struggle against any form of social ‘immunisation’.
This article analyses the conditions of this affinity and its consequences for the concept of ‘justice’.
相似文献
Michael BlecherEmail: |
18.
The current study describes the everyday life of Israeli prisoners and analyzes the actions they perform and the language
they use as a reflection of their constraints, distresses, worldviews, beliefs, and attitudes. Data were subjected to a content
analysis, and the salience of the values, norms and argot terms were assessed using two measures, attention and intensity.
The inmates’ values and norms and the argot expressions were divided into categories with reference to different aspects of
prison experience: prisoners’ adherence to the code, inmates’ interpersonal loyalty, sexual behavior in prison, drugs, violence
and miscellaneous.
相似文献
April WallEmail: |
19.
Jan Van Dijk 《Trends in Organized Crime》2007,10(4):39-56
This study develops a causal model of the independent effect of organized crime, rule of law, and corruption on national wealth.
To measure the level of organized crime a Composite Organized Crime Index (COCI) is constructed combining data on the perceived
prevalence of organized crime, unsolved homicides, grand corruption, money-laundering and the extent of the black economy,
drawing on the World Economic Forum’s annual surveys among CEOs of larger companies, the Merchant International Group’s assessments
of investment risks in 150 countries, studies by the World Bank Institute, and official crime statistics. The findings of
the explorative analysis show that a political strategy of tolerating activities of local criminal groups in the hope of beneficial
effects on the wealth of a nation is unlikely to bring the expected results. Although some types of organized crime may bring
in significant revenues, tolerating Mafia-type activities implies letting the Trojan horse of racketeering and grand corruption
into the walls of government.
相似文献
Jan Van DijkEmail: |
20.
Vera Bergelson 《Criminal Law and Philosophy》2009,3(1):19-28
In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a
strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance
and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed
provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form
of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances
that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but
it should not be mandated to do so.
相似文献
Vera BergelsonEmail: |