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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
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Using current conservative discourses about the nation state in Australia as an example,the paper notices how the image of the (male-sexed) body is used to enhance theauthority of the same (white ``neutral' agents of largely foreign capital)against the claims of difference (non-white refugees, women, Aboriginal people).The paper notices that far from protecting minority and difference, as liberalismleads one to expect, the law uses the same body image of itself to repeat theoppression. Legal education inscribes the masculinity of the phallus in thebodies and minds of its students. Other masculinity, the female, the``native' are identified by the law rather than self-identifiedin the law after negotiation with the law. 相似文献
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By international standards, fewuninvited asylum-seekers arrive in Australia.However, in 2001, a conservative federalgovernment trailing in the opinion pollsreversed its fortunes and won the November 2001election largely, it seems because of its``tough' refugee policy, which the Oppositioncould only feebly endorse, deeming oppositionelectorally suicidal. Using some insights fromLacan and writers in the Lacanian tradition,this paper examines how the refugee story waswritten, and why it was that the intentions ofits authors so successfully shaped itsreception by the majority of the electorate. 相似文献
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Over the past 30 years, the Australian state of Victoria has made numerous reforms to a set of jury directions purporting to address concerns that rape trials do not adequately respond to the reality of sexual offending in the community. Building on work identifying the predominant narratives mobilised in rape trials, in this article we consider whether the way in which a jury consumes information during a trial explains why the jury directions, positioned and utilised as they are, appear to have been inadequate to the task of enabling juries to re-imagine evidence through alternative narrative frameworks. 相似文献