The Cultural Study of Law

Reconstructing Legal Scholarship

Author: Paul W. Kahn

Publisher: University of Chicago Press

ISBN: 9780226422558

Category: Law

Page: 169

View: 7478

Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.
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Indigenous Women's Writing and the Cultural Study of Law

Author: Cheryl Suzack

Publisher: University of Toronto Press

ISBN: 1442628588

Category: American literature

Page: 192

View: 3353

Cover -- Copyright -- Contents -- Acknowledgments -- Introduction: Indigenous Women's Writing, Storytelling, and Law -- Chapter One: Gendering the Politics of Tribal Sovereignty: Santa Clara Pueblo v. Martinez (1978) and Ceremony (1977) -- Chapter Two: The Legal Silencing of Indigenous Women: Racine v. Woods (1983) and In Search of April Raintree (1983) -- Chapter Three: Colonial Governmentality and GenderViolence: State of Minnesota v. Zay Zah (1977) and The Antelope Wife (1998) -- Chapter Four: Land Claims, Identity Claims: Manypenny v. United States (1991) and Last Standing Woman (1997) -- Conclusion: For an Indigenous-Feminist Literary Criticism -- Notes -- Works Cited -- Index
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Cultural Analysis, Cultural Studies, and the Law

Moving Beyond Legal Realism

Author: Austin Sarat,Jonathan Simon

Publisher: Duke University Press

ISBN: 0822384752

Category: Law

Page: 376

View: 5868

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
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Cultural Studies of Law

Author: Cristyn Davies,Sara L. Knox

Publisher: Routledge

ISBN: 131769726X

Category: Social Science

Page: 170

View: 1670

This edited collection is a cultural analysis of how law is shaped into procedure and principle by the conditions of everyday life. Law is constitutive of culture just as culture and cultural analyses shape, resist and interrogate legal regulation, exception and norms. So too does law have a dual capacity in the field of culture: it enables the formation of subjects and of cultural practices, and it constrains those very formations. This book uses the animating critical concerns of Cultural Studies over the last 20 years—that is, the symbolic, material, economic, and political practices and power relations that are inscribed in everyday life—to analyze the assembly of practices, procedures, sites, interactions and agents of law. The chapters in this collection accordingly examine the conditions of law’s everyday life, in situations ordinary and extraordinary, to show it in the moment of its working. This book was originally published as a special issue of Cultural Studies.
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The Myth of the Cultural Jew

Culture and Law in Jewish Tradition

Author: Roberta Rosenthal Kwall

Publisher: Oxford University Press, USA

ISBN: 0195373707

Category: Law

Page: 315

View: 5302

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command.
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Cultural Studies and the 'Juridical Turn'

Culture, law, and legitimacy in the era of neoliberal capitalism

Author: Jaafar Aksikas,Sean Johnson Andrews

Publisher: Routledge

ISBN: 1317244796

Category: Social Science

Page: 384

View: 7284

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the ‘juridical turn’, where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful—if often overlooked—influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim’s rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
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Law, Culture, and Ritual

Disputing Systems in Cross-Cultural Context

Author: Oscar G Chase,Jerome S. Bruner

Publisher: NYU Press

ISBN: 0814716792

Category: Law

Page: 224

View: 2102

"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons
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Last standing woman

eine indianische Saga von 1862 - 2018

Author: Winona LaDuke

Publisher: N.A

ISBN: 9783894051136

Category:

Page: 381

View: 6360

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The Cultural Study of Music

A Critical Introduction

Author: Martin Clayton,Trevor Herbert,Richard Middleton

Publisher: Psychology Press

ISBN: 0415938449

Category: Music

Page: 368

View: 7940

The Cultural Study of Music is an anthology of new writings that serves as a basic textbook on music and culture. Increasingly, music is being studied as it relates to specific cultures--not only by ethnomusicologists, but by traditional musicologists as well. Drawing on writers from music, anthropology, sociology, and the related fields, the book both defines the field--i.e., "What is the relation between music and culture?"--and then presents case studies of particular issues in world musics.
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Rules Versus Relationships

The Ethnography of Legal Discourse

Author: John M. Conley,William M. O'Barr

Publisher: University of Chicago Press

ISBN: 9780226114910

Category: Law

Page: 222

View: 1612

In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.
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Law in the Domains of Culture

Author: Austin Sarat,Thomas R. Kearns

Publisher: University of Michigan Press

ISBN: 9780472023639

Category: Law

Page: 256

View: 6629

The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict. Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law. The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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JSL Vol 22-N2

Author: JOURNAL OF SCHOOL LEADERSHIP

Publisher: Rowman & Littlefield

ISBN: 1475811942

Category: Education

Page: 136

View: 9276

The Journal of School Leadership is broadening the conversation about schools and leadership and is currently accepting manuscripts. We welcome manuscripts based on cutting-edge research from a wide variety of theoretical perspectives and methodological orientations. The editorial team is particularly interested in working with international authors, authors from traditionally marginalized populations, and in work that is relevant to practitioners around the world. Growing numbers of educators and professors look to the six bimonthly issues to: deal with problems directly related to contemporary school leadership practice teach courses on school leadership and policy use as a quality reference in writing articles about school leadership and improvement.
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Men, Law and Gender

Essays on the ‘Man’ of Law

Author: Richard Collier

Publisher: Routledge

ISBN: 1135309213

Category: Law

Page: 304

View: 5995

What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers’ rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.
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The Rule of Law in Comparative Perspective

Author: Mortimer Sellers,Tadeusz Tomaszewski

Publisher: Springer Science & Business Media

ISBN: 9789048137497

Category: Law

Page: 253

View: 7106

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
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Representations of Justice

Author: Antoine Masson,Kevin O'Connor

Publisher: Peter Lang

ISBN: 9789052013497

Category: Business & Economics

Page: 344

View: 9217

The public understanding of law is gleaned from the cultural representation of justice which, in turn, reflects popular culture. Movies, caricatures, portrayal of trials by media or crime fiction shape the image of justice. However these representations play an important role in the legal system itself through the representation of truth as conveyed by litigating parties in their arguments. Studying how justice is represented in society is thus interesting for citizens who want to understand the popular culture but also for lawyers who want to understand theirs clients' expectations. This book explores in a multidisciplinary way the aspects of those representations of justice in their various forms in popular culture and in economics.
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After Pluralism

Reimagining Religious Engagement

Author: Courtney Bender,Pamela E. Klassen

Publisher: Columbia University Press

ISBN: 0231527268

Category: Religion

Page: 416

View: 8171

The contributors to this volume treat pluralism as a concept that is historically and ideologically produced or, put another way, as a doctrine that is embedded within a range of political, civic, and cultural institutions. Their critique considers how religious difference is framed as a problem that only pluralism can solve. Working comparatively across nations and disciplines, the essays in After Pluralism explore pluralism as a "term of art" that sets the norms of identity and the parameters of exchange, encounter, and conflict. Contributors locate pluralism's ideals in diverse sites Broadway plays, Polish Holocaust memorials, Egyptian dream interpretations, German jails, and legal theories and demonstrate its shaping of political and social interaction in surprising and powerful ways. Throughout, they question assumptions underlying pluralism's discourse and its influence on the legal decisions that shape modern religious practice. Contributors do more than deconstruct this theory; they tackle what comes next. Having established the genealogy and effects of pluralism, they generate new questions for engaging the collective worlds and multiple registers in which religion operates.
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The Reign of Law

Marbury V. Madison and the Construction of America

Author: Paul W. Kahn

Publisher: N.A

ISBN: 9780300066791

Category: Law

Page: 306

View: 6394

In this text, tha author argues that the rule of law is our deepest political and cultural myth. He draws on the insights of modern cultural theory to investigate why the rule of law exerts its attraction, and how its premises became figments in our collective political imagination.
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Law's Madness

Author: Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey

Publisher: University of Michigan Press

ISBN: 9780472022090

Category: Law

Page: 184

View: 7432

DIVA provocative collection of essays that reveals how the law takes its definition from what it excludes /div
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International Humanitarian Law and International Human Rights Law

Author: Orna Ben-Naftali

Publisher: OUP Oxford

ISBN: 0191029637

Category: Law

Page: 424

View: 6807

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.
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