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291.
Sue Chaplin 《Feminist Legal Studies》2001,9(3):199-220
This article examines the way in which the sublime comes to matter within various eighteenth century legal discourses, particularly
in the work of Thomas Hobbes, John Locke and Edmund Burke. The essay seeks also to relate the theoretical works of these philosophers
and lawyers to practical legislative developments of the period, in particular, the passage of the Black Act in1726 and the
Marriage Act in 1753. The sublime comes to matter to the law in this period in the sense that philosophical conceptualizations
of the sublime in terms of power and transcendence become increasingly significant to representations of the nature and function
of English law. Such theoretical accounts of the law as are found in the work of Hobbes, Locke, and Burke, moreover, translate
into juridical practices designed to affirm the status of the law as a transcendentally sublime source of political authority
in the eighteenth century. This article subjects that understanding of the law to a feminist critique that draws upon the
work of the French philosopher, Luce Irigaray. It will be shown that the sublime within Western thought is generally associated
with a sense of dread as to the possibility of the annihilation of consciousness. This ontological dread entails, in Jean
Francois Lyotard’s terms, a recognition of the possibility of “nothing further happening” to the subject. Within Western discourse,
this dread is projected onto, or made material in the form of, some ‘other’ that is, in Irigaray’s estimation, most usually
feminine. Thus, the sublime comes to matter in this second, ontological sense and it is within this context that the transcendental
sublime emerges as a response to a sense of dread that is projected on to some material, feminine, or feminised, ‘other’.
In eighteenth century legal discourse, this ‘other’ take the form of the ‘state of nature’, or the revolutionary mob, or the
revolutionary female who signifies more than anything a return to animality and chaos –an ontological and political fall from
grace. The Black Act and the Marriage Act, with their shared emphasis upon the preservation of political stability and patriarchal
property rights, may in this context be regarded as manifestations in the legal domain of the metaphysical principles of the
transcendental sublime – with its emphasis upon an escape from, and a control of, the dreadful, feminine ‘other’.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
292.
Changes in the demographic and socioeconomic conditions of 627cities between 1970 and 1980 are examined using simple comparisonof means and correlational analytic techniques. Cities are groupedaccording to their type (Central city; suburb), regional location,and rate of population growth (decline). Major changes occurredin employment patterns, income levels, economic bases, racialcomposition, and social pathologies (crime rates)allmeasures of urban stress. These conditions tended to clusterin certain types of cities: large, declining central citiesof the Northeast and Midwest. But population decline and regionallocation were not found to be independent determinants of urbandistress. National and regional economic trends, especiallychanges in the vitality of the metropolitan area in which acity is located. were the primary determinants. 相似文献
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296.
This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace. 相似文献
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The emergent human rights regime includes three distinct elements; international and domestic laws; government and corporate policies that deny or affirm rights; and norms of behavior that are applied against groups and individuals. The Universal Declaration of Human Rights and its successors were milestones in international law that sprang from the euphoria of victory in World War II. When policies violated these precepts, they came under intense international scrutiny, which produced highly visible, though not universal, improvements; and it was not long before governments and other organizations adopted positive policies that improved access to these rights. Policy scientists can analyze these rights as demands or claims that enjoy various degrees of legitimacy within both the civic and the public order. Behind the laws and policies lies a widespread awareness of the standards of human dignity. This awareness is gradually taking on a life of its own and human rights begin to function as a system of expected behavior that is becoming a global regime that reflects the preferences of nongovernmental players acting under customs and rules of their own making. Behavior that respects essential rights is increasingly taken as an obligation transcending national borders and subtly enriching the decisions and transactions of states, corporations, and special purpose organizations. 相似文献
300.
Sue O'Sullivan 《Feminist Review(on-Line)》1999,61(1):97-126
A critical look at two books, Coming to Power – Writings and Graphics on Lesbian S/M, published in 1981, and its ‘long awaited sequel’, The Second Coming – A Leatherdyke Reader, published in 1996, yields many differences and similarities. Both books have been judged negatively or positively on the basis of their sadomasochistic content and in line with knee-jerk positions around the lesbian ‘sex wars’ of the 1980s. The feminist politics represented in each book and the connections to more general lesbian feminist concerns and developments of either the late 1970s (Coming to Power) or the late 1980s and early 1990s (The Second Coming) are often overlooked or dismissed. Comparing the kind of sex acts and personas fetishized in each book as well as the claims made for lesbian sm by its adherents often reveals more than the writers may have intended. A more nuanced reading of both books also reveals connections between lesbian feminism, particularly lesbian radical feminism and the sm dykes. Rather than being the ‘illegitimate children’ of lesbian feminism, as Coming to Power maintained in 1981, it is clear now that sm dykes and lesbian feminists are strange sisters who needed each other to define their particular politicized identities. 相似文献