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1.
Linnell Secomb 《International Journal for the Semiotics of Law》2010,23(3):299-313
In ‘Force of law’ Derrida appears to suggest that emancipatory ideals and human rights have a continuing relevance. This may
seem a surprising proposition from a theorist often interpreted as critical of humanist and Enlightenment principles. This
paper argues, however, that Derrida does not reject, outright, humanist, Enlightenment and emancipatory strategies but instead
deconstructs these in order to propose alternate ‘ethical’ and ‘political’ possibilities. Focusing on ‘The ends of man’, ‘Force
of law’ and ‘Autoimmunity’ this paper argues that Derrida does not advocate an anti-humanism but instead gestures toward an
alternate unconditional hospitality, responsibility, friendship, justice and democracy-to-come, displacing the anthropomorphism
of humanism and advocating instead an openness to a heterogeneous otherness. 相似文献
2.
This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts
to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception
of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further
proposes a distinction between juridical and non-juridical understandings of justice. 相似文献
3.
Ralph Henham 《Crime, Law and Social Change》2012,57(1):77-98
The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The
argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in
criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes
and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of
law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’
in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting
this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony
of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant
audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in
international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial
justice. 相似文献
4.
Jacques de Ville 《International Journal for the Semiotics of Law》2010,23(3):239-242
In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis
takes place with reference to a number of Derrida’s other texts, in particular those on Freud. It is especially Freud’s texts
on dream interpretation and on the dream-work which are of assistance in understanding the background to Derrida’s analysis
of writing in Plato’s pharmacy. The essay shows the close relation between Derrida’s analysis of Plato’s texts and Freud’s study of the dream-work. The
forces at work in dreams, it appears, are at play in all texts, which in turn explains Derrida’s contentions in relation to
the pharmakon as providing the condition of possibility of Plato’s texts. The essay furthermore points to the continuity between this ‘early’
text of Derrida and his ‘later’, seemingly more politico-legal texts of the 1990s. A close reading of Plato’s pharmacy, with its investigation via ‘writing’ of the foundations of metaphysics, and thus also of the Western concept of law, is
obligatory should one wish to comprehend how Derrida attempts to exceed the restricted economy of metaphysics through his
analysis of concepts such as justice and hospitality. 相似文献
5.
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: |
6.
Daniel Raveh 《Journal of Indian Philosophy》2008,36(2):319-333
The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter
of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read
through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary
but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is
no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion
is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states
is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it,
‘It is not only a stage among stages; it is the truth of the other stages’.
The article is dedicated to Prof. Daya Krishna (1924-2007). 相似文献
7.
Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more
specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and
silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated
with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for
law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the
contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be
found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition
of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges
for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for
a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian
scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's
analysis and to reflect upon the challenges raised by his insights into contemporary crime control.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
8.
Recently published works, such Elaine Scarry's On Beauty and Being Just, have suggested the natural confederacy of the sensory appreciation of beauty and the achievement of social justice. Scarry
(amongst others) has proposed that the opiated moment in which one is arrested by beauty's spell results in a ‘radical decentrification’,
where under they who behold beauty are awakened to alterity and, consequentially, encouraged to realize an ethical agenda
based upon just (sic) relations between people. The present article refutes the adequacy of the beauty - ethics - justice
triptych and, instead, proposes that the entire variegated aesthetic quantum operates as the medium through which recognition
of (in)justice reminds us of our responsibility to the other. As essentially inarticulate concepts, justice and responsibility
are capable of ‘speaking’ to us through the channel of the aesthetic. The aesthetic is the plane of dialogue on which our
felt appreciation of (in)justice prompts us to responsibility.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
9.
In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between
the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving
it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective
justice. I defend what I call the ‘continuity thesis’ according to which at least part of the rationale for doing corrective
justice is to mitigate one’s wrongs, including one’s torts. I try to show how much of the law of torts this thesis helps to
explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that
‘corrective justice’ cannot be a complete answer to the question of what tort law is for. 相似文献
10.
Bryan R. Hogeveen 《Critical Criminology》2005,13(3):287-305
After a decade of high incarceration rates, the Canadian Department of Justice has revised its approach to juvenile justice.
Enshrined in the Youth Criminal Justice Act (YCJA), the renewed youth justice system stresses the importance and responsibility
of community for crime control. While on the surface the state’s appeals to such programmes as restorative justice seem laudable,
caution should be exercised in fully endorsing this approach. While community initiatives have been criticized for “widening
the net of social control” and intruding state control deeper into social life, their exclusionary potential is perhaps more
troubling. Following Derrida’s metaphysics of presence, I suggest that ‘community’ perpetually finds meaning in opposition
to the other. In this environment, Aboriginal youth, who are among the most marginalized in Canadian society, will likely
be the most unfavourably effected. This paper does not, however, entirely reject the Act’s appeal to community. Nevertheless,
I argue that for meaningful challenges to contemporary constructions of community and youth justice to occur the discursive
limits forced upon ‘community’ must be fractured and fashioned in ways that renounce homogeneity.
We strongly believe the solution to youth crime is in the community. Give the community the ability to deal with it and they
will (Canada 1997). 相似文献
11.
Preeti Nijhar 《Liverpool Law Review》2006,27(3):337-360
This article seeks to identify how, and in what ways, the debate over ethnic identity acquired saliency during the different
phases of black settlement in England, especially against the backcloth of the socio-cultural processes and the economics
of colonialism. It outlines how the ‘other’ was constituted in different discourses, policies, and practices, and how these
constructions were appropriated by the criminal justice agencies. Critically, ethnic identity as subordinate and ‘inferior’
was produced by many of the same mechanisms as was developed with regard to the indigenous ‘criminal’ class in Victorian England.
Societal reaction, through criminal and civil statutes, established the identity of the ethnic minorities of early nineteenth
century England, not just as subordinate strata, but also by a more complex process, as a variant of the newly emergent ‘criminal’
class. It is argued that, caught in the hub of empire, the ‘ayahs’, the ‘lascars’ and the domestic servants (See R. Visram,
The Ayahs, Lascars and The Princes (London: Pluto).) in England’s ports found themselves reconstructed as part of the ‘criminal’ class and subsequently subjected
to disciplinary measures of social control and surveillance. The author argues with regard to the indigenous population, conceptions
of the threat of the non-Western crystallised around the same popular images of ‘savagery’ and of moral degeneracy, a process
reinforced in imperial fiction. A desire to ‘civilise’ and improve the peculiar habits of the non-Western followed directly
from indigenous precedent. 相似文献
12.
In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice
system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This
pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine
activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs
associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public
policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures.
Potential objections and implications for public policy are discussed at length. 相似文献
13.
14.
This paper is in five main parts. The first introduces membership categorisation analysis (MCA) as originally outlined by
Harvey Sacks and, here, as a possible extension of semiotic analysis. MCA is broadly a contribution to discourse analysis
in general and to conversation analysis in particular. The approach concerns membership categorisation devices such as family,
the categories they can contain such as ‘mother’, ‘father’, ‘child’, etc. and the category-bound activities or predicates
commonsensically attachable to such categories. The second section looks at the legal background to family law in Australia
and shows that its basic assumption is, by and large and with some exceptions, to work from categories (what people are) rather
than from predicates (what they in fact do). In the third section, we examine a particular Family Court case (Re Patrick) which highlights the contestation between these approaches. Following this, we examine some recent shifts in the Australian
states and territories towards more predicationally-based legislation and argue for their coherence in contemporary society
and its increasingly flexible conceptions of what may constitute a family. Finally, we return to the question of semiotics
generally and make a case for our MCA-based distinctions as contributions to a possible semiotics of law.
In the beginning was the deed – Goethe 相似文献
15.
Yvon van der Pijl Brenda Carina Oude Breuil Dina Siegel 《Crime, Law and Social Change》2011,56(5):567-582
This article intends to respond to a recent call (e.g., Zhang Global Crime 10(3):178–195, 2009; Brunovskis and Surtees International Migration 48(4):1–38, 2010) for more innovative studies and methodologies in order to move beyond the current discourse on human trafficking. We do
so by describing three ethnographic fragments on the dynamics of (dealing with) sex trafficking within Europe. The concepts
of ‘friction’ and ‘collaboration’ (Tsing Cultural Anthropology 15(3):327–360, 2000, 2005) are used to analyse these fragments. These concepts refer to creative processes that occur as people interact across differences.
They give insight into how universal ideas on freedom and justice enable collaboration between parties involved in fighting
human trafficking who do not necessarily share a common goal. We conclude that the presented method of ‘patchwork ethnography’
is useful in studying sex trafficking as it implies a strong focus on connections between ‘sites of diverse knowledge’, without
losing sight of individual stories of people making those connections. ‘Patchwork ethnography’ is innovative and it allows
researchers to expose and untangle the workings of the supposedly all-powerful phenomenon and the encompassing, uniform, hegemonic
discourse surrounding human (sex) trafficking. 相似文献
16.
Jessica Whyte 《Law and Critique》2009,20(3):309-324
In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle
of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all
his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not
to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s
theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the
relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically
on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to
fulfil the law, and what form of political task this would entail. 相似文献
17.
18.
Through two case studies, this essay examines the relationship between the operation and practice of law in Aotearoa New Zealand and the naming of the ‘unlawful’, ‘uncivil’ or ‘disorderly’ within a colonial context. Against the background of the apparent complicity between law and colonial interest and desire in Aotearoa, I argue
that, in both the ‘Haka Party’ case (1979) and Mair v Wanganui City Council (1996), the acts of the defendants draw attention to the relationship between the authority of the law and the repression
or exclusion of difference. According to the judges in both cases, the dictates of Maori law and custom were in conflict with the principles of ‘law and order’. Read in terms of colonial relations, the perceived relationship
between Maori law and custom and the threat to ‘civilization’, law and order reveals the way in which ‘the law’ has operated
in a culturally biased manner and has reflected the interests of Pakeha (New Zealanders of European descent). Thus, the perceived threat of the challenge made to the law in either case can be seen
as the threat to reveal it for what it is, to expose the violence that maintains it, and thus to open a space for critique.
Perhaps more powerfully than any physical attack on the system itself, these acts which expose the law challenge it in the
name of justice, making it possible for the law to be seen both as a reflection of a particular cultural interest and hence as co-opt-able,
takeable and able to be made to serve another end, that of the other in the name of justice.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
19.
Lisa M. Jakubowski 《Critical Criminology》1992,4(1):71-88
Despite various government initiatives that have emerged in response to Canada's increasing racial diversification, the unjust
treatment of racial minorities remains a problem. By examining the contracdictions between ideology and practice within an
educational context, this paper provides an explanation of why government efforts direced towards the eradication of racial
injustice have been relatively ineffective. The continued mistreatment of racial minorities is, in part, attributable to the
promotion of a particular form of justice that ‘naturalizes’ racism.
First, a reformulation of the relationship among the concepts of justice, ideology, and complementarity generates an analytical
framework within which to address the problem of ‘naturalization’. The latter part of the paper examines the ‘naturalization’
of inequality generally, and racial inequality specifically, within education. A critical review of the teaching of Canadian
history and Philippe Rushton's controversial theory demonstrates how education currently—but not inevitably—reinforces negative
racial stereotypes, inviting the unjust treatment of racial minorities to remain unquestioned. 相似文献
20.
Emilios Christodoulidis 《Law and Critique》2009,20(1):3-26
The paper is an exploration in critical legal theory, and argues for a return to thinking of critical legal intervention in
political-strategic terms. If the insistence is on strategies of rupture it is because the attention is on what registers
as resistant, neither reducible to—nor co-optable by—the order it seeks to resist. It is argued that if law is to offer redress
to injustice it has to offer terms that can break incongruently, irreducibly so, with the order of capital, and its economy
of representation, not couching critique within its terms, taking flight into the mysticism and escapism of the ‘ethical turn’,
or entrusting critique unconditionally to the deconstructive energies of the law. The paper explores how difficult the task
facing critical legal theory is in view of law’s power of ‘homology’ and its ‘mechanisms of deadlock’. Both within the courtroom
(the focus here is on the tactics of rupture of the lawyer Vergès) and outside it, a return to a strategic understanding of
law underlies its deployment as means of critique (‘simple’ or ‘immanent’) or object of confrontation rather than horizon
of communicative exchange. 相似文献