共查询到20条相似文献,搜索用时 15 毫秒
1.
The concept ‘alienation’ has become a relatively common expression in contemporary society, the usage of which often belies
the varied meanings it has had historically and in contemporary literature. Using the sociology of knowledge, an historical
analysis of the use of ‘alienation’ in law, the social sciences, and religion reveals a rich and varied tradition. ‘Alienation’
arose with a positive religious meaning and subsequently became a cornerstone for the new property rights of an emerging capitalist
economic order. In this new industrial order, social critics gave a negative meaning to ‘alienation’ that became the basis
for the social scientific concept. The legal freedom to alienate property has arguably led to the marginalization of certain
segments of society. A specific example of this process can be found in the struggles of Aboriginal peoples against their
colonizers. Through the process of legal alienation, Aboriginal peoples lost not only their land, but their culture and self-worth.
In recent years, Aboriginal peoples have attempted to reduce their social alienation through a variety of de-alienation strategies,
including social, political, and legal struggles. One tactic has been land claim litigation. Therefore, through efforts to
obtain legal alienation of land, Aboriginal peoples strive to reduce their social alienation and oppression. 相似文献
2.
Carol LaPrairie 《Critical Criminology》1995,6(2):30-45
This essay provides an overview of research on Native people in the inner core of four cities. This research was funded by
the Aboriginal Justice Directorate, Department of Justice as part of the Aboriginal Justice Initiative. The objective of the
research was to elicit information along a number of dimensions including: background, coming to the city, life in the city,
experiences with the criminal justice system, and aspirations for the future. The information was used to compare east/west
differences in Aboriginal incarceration levels, to explore urban and rural/reserve offences, and social stratification within
the inner-city population.
The findings revealed that social stratification exists in the inner-city Native population and that the more marginal the
position, the greater the involvement with the criminal justice system. The findings also showed the relationship between
childhood and adult experiences. East/west variation in Native incarceration levels can be explained by the findings that
more people in the west belonged to the most marginal group in terms of education, employment, skills, and childhood disruption
and violence. The findings argue for policy and program attention to be directed to those whose needs are greatest. When ‘broad
brush’ solutions are applied, those with the most and least needs are treated equally.
This essay is an overview of research contained in a three part volume,Seen but not Heard: Native people in the Inner City. Ottawa: Justice Canada. The views expressed are solely those of the author and do not necessarily reflect the views of Justice
Canada or of the people involved in the project. 相似文献
3.
Robert Eaglestone 《Law and Critique》2009,20(3):271-280
The article argues that the contentious and complex concept of ‘authenticity’, which Agamben develops from Heidegger, forms
a central continuity between Agamben’s earlier work, which focuses more on language and art, and his later work, which focuses
more on politics. Moreover, I suggest that although this concept is often unquestioned and elided in his work, it plays a
crucial role in the deep structures of his thought. Moreover, the ‘unthought concept’ of ‘authenticity’ is of concern because,
while authenticity might possibly have a role to play in the sphere of how we come to understand and relate to artworks, there
are reasons to be suspicious of this concept in the political realm if, indeed, these two ‘realms’ can be understood separately.
If these two spheres cannot be clearly separated, as seems more likely, then it is even more important to explore and question
the terms and cluster of concepts around ‘authenticity’. 相似文献
4.
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
5.
Anne Barron 《Law and Philosophy》2012,31(1):1-48
The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized
information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain
about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might
play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection
of individual expression by means of marketable property rights in authors’ works serves as an engine of progress towards
a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw
in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception
of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel
Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is
only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended
in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on
the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights
– and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public
domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the
possibility of a free culture. 相似文献
6.
Mark Austin Walters 《Critical Criminology》2011,19(4):313-330
This article attempts to put forward a more holistic vision of hate crime causation by exploring the intersections which exist
between three separate criminological theories. Within the extant literature both Robert Merton’s strain theory and Barbara
Perry’s structured action theory of ‘doing difference’ have been widely used to explain why prejudice motivated crimes continue
to pervade most communities. Together the theories help to illuminate the sociological factors which act to create immense
fear of, and hatred towards, various minority identity groups. However, neither of these theories adequately explain why some
individuals commit hate crimes while others, equally affected by socio-economic strains and social constructions of ‘difference’,
do not. This article therefore moves beyond such macro explanations of hate crime by drawing upon Gottfredson and Hirschi’s
A General Theory of Crime (1990). Using typology research carried out by various academics, the article attempts to illustrate how socio-economic strains
and general fears of ‘difference’ become mutually reinforcing determinants, promulgating a culture of prejudice against certain
‘others', which in turn ultimately triggers the hate motivated behaviours of individuals with low self control. 相似文献
7.
8.
Christine Black 《International Journal for the Semiotics of Law》2009,22(2):197-208
This article is an innovative piece and at the same time—a timely piece, in a world of global warming. A time in which fierce
scientific debates are being fought over anthropogenic impact. Yet the general public would appear to ‘feel’ the change, without
any need for measurement and contesting of findings. This ‘feeling’ is manifest in the Earth Hour. It is this collective act
which I would argue is borne out of feelings for the earth. Feelings which tell people instinctively a change in behaviour
is needed. This article therefore examines the semiotics of a jurisprudence which is premised on feelings. Feelings towards
the Djang—a primordial force expounded by the Australian Aboriginal Senior Law Man Bill Neidjie of the world heritage listed—Kakadu
National Park, Australia. He foresaw the climatic shifts and wanted to assist European Australians—Balanda to help avert the possible consequence. 相似文献
9.
Greg McElligott 《Critical Criminology》2008,16(2):123-144
Trends toward mass incarceration in the United States and elsewhere raise compelling questions about the social purposes of
prisons, and their role in the consolidation (and/or privatization) of the neoconservative state. This article examines two
moments of penal reform that were historically distinct, but remarkably similar in their shape and intent. Mike Harris’s Progressive
Conservatives won control of Ontario’s provincial government in 1995, and undertook a wide-ranging program of institutional
and social restructuring that was intended to transform Canada’s industrial heartland. Penal reform was central to this agenda,
but Conservative efforts here were remarkably similar to those 160 years before, when Canada built its first penitentiary.
This article compares these two moments of flux using a theoretical framework developed by James Scott. He argues that the
grand plans of ‘high modernist’ reformers, while seeking to make society more ‘legible’ and ‘rational’, tend to employ simplifications—especially
visually pleasing ones—which obscure and suppress insights that might be gained from the ‘practical knowledge’ of those closer
to the ground. They do this at their peril, for grand plans tend to fail for lack of such knowledge. The article argues that
Ontario’s experience fits neatly into these categories, except that the aim of reformers here has been to restore an old social
order, rather than to build a new one. 相似文献
10.
Peter Larmour 《Crime, Law and Social Change》2010,53(1):55-66
The leaders of Fiji’s 2006 military coup launched a ‘cleanup campaign’ and set up an Independent Commission Against Corruption.
So far it has brought court cases against about 24 people. Among them is the former Prime Minister, who was charged with corruption
for his role in institutions designed to promote the economic interests of indigenous Fijians (who constitute about 56% of
the population). The article considers what counts as ‘corruption’ in these Affirmative Action policies: a so-called ‘Agriculture
Scam’, which distributed farm implements free to Fijian farmers; a company called Fijian Holdings, which received concessional
finance from the government; and a Native Land Trust Board, which collects rent on behalf of indigenous landowners. It concludes
that army and popular opinion in Fiji hold conceptions of corruption that are much broader than the offences set out in the
country’s penal code, and which the new ICAC is attempting to enforce. 相似文献
11.
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
12.
Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus,
we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion
and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving
the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime
with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists
need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural
politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through
emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations.
Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must
start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive
ends. 相似文献
13.
Mark Antaki 《Law and Critique》2012,23(1):1-20
Various contemporary legal theorists have turned to ‘imagination’ as a keyword in their accounts of law. This turn is fruitfully
considered as a potential response to the modern condition diagnosed by Max Weber as ‘disenchantment’. While disenchantment
is often seen as a symptom of a post-metaphysical age, it is best understood as the consummation of metaphysics and not its
overcoming. Law’s participation in disenchantment is illustrated by way of Holmes’ parable of the dragon in ‘The Path of the
Law’, which illustrates the rationalization and demystification of law. Four ideal–typical turns to ‘imagination’ are identified:
the theoretical (turning to imagination as synthesis), the progressive (imagination as empathy), the transformative (imagination
as invention) and the nostalgic (imagination as attunement). Most of these turns to imagination remain complicit with disenchantment.
‘Imagination’ often appears only to be harnessed in the service of more conventional keywords of legal thought: theoreticians
turn to imagination as synthesis to serve as a form of super-reason; progressives turn to imagination as empathy to make law
a more effective instrument; transformatives turn to imagination as invention to serve as a form of super-will. By turning
to imagination as attunement, nostalgics come closest to accepting a world that is not masterable, i.e. they come closest
to accepting an enchantment that is a gift and not the product of our imaginations. Indeed, modern imaginations are themselves
symptoms of disenchantment. If Weber’s diagnostic calls for a human response, it cannot be one of overcoming disenchantment
by imaginative re-enchantment: it belongs integrally to enchantment to exceed any and all human capacities. 相似文献
14.
This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict
with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied
to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of
questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts’ decisions)
and the semiotic (regarding the manner in which a ‘meaning’ for the norm has been claimed by the courts). In this article
we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a
reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres. 相似文献
15.
Carrol Clarkson 《Law and Critique》2007,18(3):361-374
This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels
is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex
negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the
novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading
a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of
community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies
from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.
相似文献
Carrol ClarksonEmail: |
16.
This paper explores two configurations of thinking about crime amongst law enforcement agencies and private sector security
managers: ‘risk calculation’ (concerned with everyday, calculable probabilities and impacts and their management) and ‘precautionary
uncertainty’ (concerned with events that might be incapacitating, yet are not calculable by probability assessments). The
paper explores their respective constituent concepts and fields of application in crime assessment, drawing upon qualitative
research-in-progress in Belgium. Risk calculation, as applied to crime, starts with past data on routines that link perpetrators
with targets that lack capable guardians. Precautionary uncertainty focuses on potential impacts that are highly disabling
and potentially wide-spreading (contagion, knock-on effects), asking how such impacts can be contained and recovered from.
Risk and uncertainty are shown to be related to ‘rational-instrumental’ and ‘deliberative-constitutive’ approaches as developed
by Fisher’s work in the field of law, which offers a meta-narrative in relation to which they can be positioned. Finally,
the paper asks if these two crime assessment methods should be seen as distinct or as merging. On the basis of criteria of
conceptual sharpness, openness to public debate and justiciability, the authors champion the maintenance of a clear distinction
between risk and uncertainty. 相似文献
17.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
相似文献
Eric HeinzeEmail: |
18.
Malcolm Voyce 《Law and Critique》2010,21(2):183-198
It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim
to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people
or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected
part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen
as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’
suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between
the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate
category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’
in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya
allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from
the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development. 相似文献
19.
Gender, Ethnicity, and Offending over the Life Course: Women’s Pathways to Prison in the Aloha State
Marilyn Brown 《Critical Criminology》2006,14(2):137-158
This paper develops what some researchers are now calling the ‘pathways’ approach to understanding women’s criminality. This perspective argues that women’s offending is an outgrowth of histories of violence, trauma, and addiction – conditioned by race, culture, gender inequality, and class. This paper expands the perspective on crime across the life course for females, providing a more nuanced analysis of the nature of intimate relationships and developmental turning points for women. Whereas men’s assumption of adult responsibilities such as marriage and childrearing may be turning points away from delinquency and crime, the matter is far more complex and may even be the inverse for some women. The paper also finds that women of Native Hawaiian ancestry have more negative experiences with education, employment, and poorer outcomes on parole compared to women without Hawaiian ancestry, thus contributing to the literature on the relationship between ethnicity, structure, and offending over the life course. 相似文献
20.
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