共查询到20条相似文献,搜索用时 15 毫秒
1.
Kirsty Duncanson 《International Journal for the Semiotics of Law》2011,24(4):385-404
In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh
as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining
to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the
evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution
is realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives
and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its
physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the
film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At
the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of
constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional
law is experienced as “natural” through the phenomenological experience of cinema. 相似文献
2.
Arne de Boever 《Law and Critique》2009,20(3):259-270
This essay reconsiders Marx’ prehistory of capital through the lens of the work of Giorgio Agamben, who in the wake of Foucault
has proposed a bio-political theory of sovereignty that breaks down the analytical separation between sovereignty and governmentality
that Foucault in his work tries to maintain. Although Agamben mentions Marx only once in his study of sovereign power, I argue
that his study nevertheless contributes to our understanding of the capitalist relation as not only a governmental but also
a sovereign power relation. In the first part of this essay, I show through a philological commentary on Marx’ use of the
adjective ‘vogelfrei’—translated as free, rightless, without protection, outlawed—to characterise the proletariat, that the Marxian proletariat
is a figure of what Agamben in his study of sovereign power calls bare life. In the second part of the essay, I show that
this sovereign dimension of the capitalist relation is also substantiated by Marx’ analysis of the logic of the capitalist
relation as that of the exception. After Carl Schmitt, who wrote that ‘sovereign is who decides on the state of exception’,
Agamben has argued that the logic of the exception is the logic of sovereign power. Reconsidered through the lens of Agamben’s
argument, Marx’ account of the prehistory of capital reveals that there is a sovereign logic of the exception at work in the
capitalist relation. In the final part of the essay, I start from Agamben’s single reference to Marx in his study of sovereign
power to discuss the importance of my conclusions for Agamben’s political message. 相似文献
3.
From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain 总被引:1,自引:0,他引:1
Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape
through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation
is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects;
as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and
so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed
within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the
embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes
of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised
form, to envisage these developments and to provide the foundation for an understanding of the importance of the development
of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through
‘control’.
相似文献
Nathan MooreEmail: |
4.
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
5.
Power Dynamics in an Experimental Game 总被引:1,自引:1,他引:0
We introduce a new experimental method for studying power. Drawing from multiple theoretical perspectives, we conceptualize
power as relational and structural, as well as comprised of different forms through which basic human needs can be met. Thus,
the method we introduce examines how, when faced with a particular need, people use multiple forms of power concurrently and
within a “field of influence,” namely, the other players in a game. This enabled us to examine how one form of power is transformed
into another and how power is transferred from one player to another through interaction, as well as to measure power as behavior,
as the exercise of choice, as potential, and as outcomes. Two experiments using egalitarian start conditions and a survivable
ecology demonstrated that participants used power to gain more power, creating inequality. Being the target of force made
some players unable to “survive” in the local ecology. Theoretical and methodological issues in the study of power are discussed
and the application of our game method to the study of power in other fields is considered. 相似文献
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.
Discretion is examined as a feature of the design of rule-guidedsystems. That is, given that rules have to be administered bysome group of persons, called adjudicators, and given that theirgoals may be different from society's (or a relevant organization's),when is it socially desirable to allocate discretionary authorityto the adjudicators and, if so, to what extent? The answer reflectsa tradeoff between the informational advantage of discretionthatadjudicators can act on information not included in rulesandthe disadvantage of discretionthat decisions may deviatefrom the desirable because adjudicators' objectives are differentfrom society's. The control of discretion through limitationof its scope, through decision-based payments to adjudicators,and through the appeals process, is also considered. 相似文献
8.
Himal Trikha 《Journal of Indian Philosophy》2012,40(1):25-45
Jaina authors use a pluralistic epistemological model as a tool to claim the superiority of Jainism over the other schools
of Indian thought. In this article the general tendency of the Jaina’s epistemic pluralism is discussed and it is shown how
the Digambara Jaina Vidyānandin tries to establish the Jainas’ pluralism on rational grounds by identifying erroneous epistemic
alternatives through methodological falsification. 相似文献
9.
Mark Zeitoun Naho Mirumachi Jeroen Warner 《International Environmental Agreements: Politics, Law and Economics》2011,11(2):159-178
This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of
‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent
ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual)
ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’
has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices
states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict
may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms
of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated
by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may
find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings
stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’
power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins
and aquifers around the globe. 相似文献
10.
Since 11 September 2001, a new paradigm has developed in criminallaw. Parallel to the idea of the war on terror,a paradigm based around war on crime has emerged.Inevitably, however, a paradigm of war leads to abandoning scientificapproaches based on a legal-moral vision (crime, guilt and punishment)in favour of a merely pragmatic vision, which associates nationalsecurity with social defence. Based on an unclear concept ofdangerousness, presumed by simple membership in a group labelledenemy, the goal is to neutralize, or even eliminate,the criminal/deviant. When combined with a denial of internationalprotections, deconstructing national criminal law thus runsthe risk of pushing a black hole through the rule of law. Manyhave criticized such a paradigm; however, the author pointsout that the paradigm of the war on crime (and more generallythe war on terror), provided that it respects internationallaw, can be useful, because it shows the need to overcome thebinary opposition between war and peace, as well as betweenwar crimes and ordinary crimes. Nonetheless, it must be clearthat this paradigm can only be one of transition. To overcomethe war–peace dichotomy in a global community and to reconstructthe relationship between terrorism and torture, neither a warcrimes nor a war on crime paradigm is trulysufficient. Only through the amplification of a paradigm ofcrime against humanity (itself unstable and evolvingbut free from the war metaphor) can we reconstruct humanityas a value and make it the cornerstone of any legal system. 相似文献
11.
Usha Colas-Chauhan 《Journal of Indian Philosophy》2008,36(4):427-453
The Pauṣkara briefly discusses the meaning-expressing nature of śabda (constituted of phonemes, varṇa) and the means to the cognition of word and sentence meaning. According to this dualistic Śaiva Tantra, meaning is denoted
by nāda, a capacity of varṇas. Varṇas also are the means to the cognition of meaning through a capacity (saṃskāra) manifested in them. Although the meaning-denoting capacity is natural to varṇas, the relation of words (which are nothing
but groups of varṇas) with objects is fixed by convention. This article translates and analyzes the relevant passages from
the sixth and eighth chapters. Certain arguments of plagiarism levelled against the eighth chapter of the Pauṣkara are examined in the concluding part of the article. 相似文献
12.
Arthur M. Diamond Jr. 《European Journal of Law and Economics》2006,21(2):149-161
Regression analysis is used to test the effects of funding source (and of various control variables) on the importance of
the article, as measured by the number of citations that the article receives. Funding source is measured by the number of
private and the number of government grants mentioned in the acknowledgements section. The importance of an article is measured
by an “early” count (of citations through October 1992), and a “late” count (of citations through July 2002). Using either
measure of article importance, the evidence suggests that private funders are more successful than the government at identifying
important research.
Jel classification D 780 . H 110 . O 310 相似文献
13.
Claire Hamilton 《European Journal on Criminal Policy and Research》2011,17(4):253-266
Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders
become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important
refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of
involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties
to furnish information about their property and movements, report to the police concerning their location and, importantly,
refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises;
specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of
key groups or “core nominals”. 相似文献
14.
Jan Westerhoff 《Journal of Indian Philosophy》2008,36(4):455-479
This paper discusses a somewhat neglected reading of the second chapter of Nāgārjuna’s
Mūlamadhyamakakārikā, arguing that the main focus of a crucial part is a particular theory of properties and their relation to individuals they
instantiate, rather than the refutation of specific assumptions about the nature of space and time. Some of Nāgārjuna’s key
arguments about motion should be understood as argument templates in which notions other than mover, motion, and so forth
could be substituted.
The remainder of the discussion of motion does not serve quasi-Zenonian purposes either but uses motion as a principal example
of change and considers the soteriological problems of the subject moving (gati) through transmigratory existence (saṃsāra). I attempt to show how this interpretation coheres with Nāgārjuna’s overall philosophical project. 相似文献
15.
Kristian Lasslett 《Crime, Law and Social Change》2010,54(1):1-19
This paper proposes to examine some of the core philosophical issues to have arisen out of the recent calls to move “beyond
criminology”. It will be claimed that the dismissal of crime as a “fictive event” is premature, as crime does indeed have
an “ontological reality”. Nevertheless, it will be asserted that the relation between harm and crime is contingent rather
than necessary. Accordingly, this paper will argue that there is merit to the claim that we should unify research on social
harm through the creation of a new field, a step which would have the added benefit of constructing an alternative venue for
crimes of the powerful scholars who wish to explore the destructive practices of states and corporations unconstrained. This
paper, therefore, will also offer a dialectical definition of social harm based upon classical Marxist strains of ontological
thought. 相似文献
16.
In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before
we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition
- that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual
and collective bodies through the very intensity of its attachments. Such alignments are unstable precisely given the fact
that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating
the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not
mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’
to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism
as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and
mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the
affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
17.
Andrew Griffiths 《Liverpool Law Review》2007,28(1):107-141
This article examines the economic role of the trade mark, both as a structuring device and as a means of adding value to
products. It shows how its role as a flexible structuring device that provides a distinct focus for goodwill derives from
the special meaning of the term “origin” or “trade origin” in trade mark law, this being what a trade mark is supposed to
indicate. Firms can control the identity that a trade mark signifies and confers on the products with which it is used without
being tied to any particular set of production arrangements. This article also considers how goodwill can be a source of economic
benefit both through reducing transaction costs and, in some cases, through adding value to products. This article then examines
the economic rationale for the legal protection of trade marks and shows how this is analogous to the rationale for awarding
property rights over tangible resources and different from that for other forms of intellectual property right. The pressure
to expand the legal protection of stronger trade marks is explored and it is accepted that there is an economic case for doing
so. However, it is argued that the additional protection must be carefully calibrated through definitions that take account
of its economic rationale and avoid the danger of over-extending it. In particular, this danger of over-protection arises
from making a false analogy between stronger trade marks and the kind of intangible output that is the subject of the other
forms of intellectual property right. 相似文献
18.
Whitney Cox 《Journal of Indian Philosophy》2010,38(5):485-501
In this essay, I trace the enabling conditions for the major statement of the subversive subtext in Bilhaṇa’s Vikramāṅkadevacarita (VDC) by unpacking the operation of the work’s patent, eulogistic text. In particular, I will explore the place given to
the depiction of male intimacy as a poetic substitute or simulacrum for the political alliances central to Vikramāditya’s
coming to the throne, as described in the mahākāvya’s fourth through sixth sargas. My intention in focusing on the intense friendships between men is to highlight a significant rhetorical strategy of Bilhaṇa’s,
which allowed the poet both to introduce and to buffer the poem’s most explicit statement of his skepticism towards royal
power. It is this charged affective theme—one that occupied only a tenuous position within the regnant critical discourse
of literary emotion at the time—that sets up Bilhaṇa’s most powerful and explicit denunciation of kingship. The explicit theme
of royal praise and the subtext of its denunciation can thus be seen as contrapuntally related, which goes some way towards
explaining how the court poet was able to successfully carry off his potentially incendiary literary project. 相似文献
19.
20.
George S. Rigakos 《Critical Criminology》1996,7(2):75-91
This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with
ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology,
it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as
a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization
of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism
into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions.
New left realism and crime control through social development are offered as competitive platforms from which to advance critique
of barbaric right-wing crime-control policies.
Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996) 相似文献