The Cultural Study of Law

Reconstructing Legal Scholarship

Author: Paul W. Kahn

Publisher: University of Chicago Press

ISBN: 9780226422558

Category: Law

Page: 169

View: 2513

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: 9848

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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The Reign of Law

Marbury V. Madison and the Construction of America

Author: Paul W. Kahn

Publisher: Yale University Press

ISBN: 9780300083927

Category: Law

Page: 306

View: 2801

In this text, Paul W. Kahn uses modern cultural theory to investigate America's most profound political myth: the belief that the rule of law is rule by the people. Kahn explores the elements of the myth, the rhetoric of law that sustains the myth, and the world of meaning the myth creates. He shows us that law must be central to religious, anthropological and philosophical studies of American life.
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Dress, Law and Naked Truth

A Cultural Study of Fashion and Form

Author: Gary Watt

Publisher: A&C Black

ISBN: 1472500431

Category: Social Science

Page: 166

View: 2265

Why are civil authorities in so-called liberal democracies affronted by public nudity and the Islamic full-face 'veil'? Why is law and civil order so closely associated with robes, gowns, suits, wigs and uniforms? Why is law so concerned with the 'evident' and the need for justice to be 'seen' to be done? Why do we dress and obey dress codes at all? In this, the first ever study devoted to the many deep cultural connections between dress and law, the author addresses these questions and more. His responses flow from the radical thesis that 'law is dress and dress is law'. Engaging with sources from The Epic of Gilgamesh to Shakespeare, Carlyle, Dickens and Damien Hirst, Professor Watt draws a revealing history of dress and civil order and offers challenging conclusions about the nature of truth and the potential for individuals to fit within the forms of civil life.
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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: 1961

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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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: 8485

"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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Contested Culture

The Image, the Voice, and the Law

Author: Jane M. Gaines

Publisher: Univ of North Carolina Press

ISBN: 0807861642

Category: Literary Criticism

Page: 360

View: 9040

Jane M. Gaines examines the phenomenon of images as property, focusing on the legal staus of mechanically produced visual and audio images from popular culture. Bridging the fields of critical legal studies and cultural studies, she analyzes copyright, trademark, and intellectual property law, asking how the law constructs works of authorship and who owns the country's cultural heritage.
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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: 4855

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 as Culture

An Invitation

Author: Lawrence Rosen

Publisher: Princeton University Press

ISBN: 1400887585

Category: Law

Page: 232

View: 3960

Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.
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Anthropology of Policy

Perspectives on Governance and Power

Author: Cris Shore,Susan Wright

Publisher: Routledge

ISBN: 1134827024

Category: Social Science

Page: 312

View: 412

Arguing that policy has become an increasingly central concept and instrument in the organisation of contemporary societies and that it now impinges on all areas of life so that it is virtually impossible to ignore or escape its influence, this book argues that the study of policy leads straight into issues at the heart of anthropology.
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Louise Jopling

A Biographical and Cultural Study of the Modern Woman Artist in Victorian Britain

Author: Patriciade Montfort

Publisher: Routledge

ISBN: 1351559656

Category: Art

Page: 182

View: 1739

Louise Jopling: A Biographical and Cultural Study is the first in-depth study of this nineteenth-century painter who was among the first women admitted to the Royal Society of British Artists (in 1902). In part an engaging biography of a compelling celebrity figure and social campaigner in Victorian England, Patricia de Montfort?s book interweaves a vivid and rounded portrait of this Manchester-born artist, teacher, and author with insightful analysis of Jopling?s artwork and the aristocratic-bohemian social milieu that she inhabited. Painted by Whistler and Millais, Jopling herself portrayed Victorian-era celebrities like the actress Lillie Langtry and her patrons included members of the de Rothschild banking family. Her work also included figure compositions, interiors, landscape and genre scenes. Drawing upon Jopling's unpublished diaries, notebooks and correspondence as well as her 1925 memoir Twenty Years of My Life, de Montfort?s study opens the way for a twenty-first century rediscovery of this now little-known artist, who combined professional artistic practice with social activism, against the backdrop of an often troubled private life. The full scope of Jopling?s artistic endeavours are discussed in relation to the cultural framework for fin de si?e working women, as are her progressive views on education and women?s suffrage.
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Colonizing Hawai'i

The Cultural Power of Law

Author: Sally Engle Merry

Publisher: Princeton University Press

ISBN: 9780691009322

Category: History

Page: 371

View: 6939

How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.
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The Cultural Study of Music

A Critical Introduction

Author: Martin Clayton

Publisher: Routledge

ISBN: 1136754326

Category: Music

Page: 376

View: 7745

First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
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Critical Queer Studies

Law, Film, and Fiction in Contemporary American Culture

Author: Professor Casey Charles

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409456641

Category: Social Science

Page: 208

View: 6063

Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.
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The Handbook of Law and Society

Author: Austin Sarat,Patricia Ewick

Publisher: John Wiley & Sons

ISBN: 1118701461

Category: Political Science

Page: 488

View: 4929

Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study
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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: 5198

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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The Cultural Life of Intellectual Properties

Authorship, Appropriation, and the Law

Author: Rosemary J. Coombe

Publisher: Duke University Press

ISBN: 9780822321194

Category: Law

Page: 462

View: 442

Identity and Struggle at the Margins of the Nation-State brings together new research on the social history of Central America and the Spanish-speaking Caribbean during the late nineteenth and early twentieth centuries. Aviva Chomsky and Aldo A. Lauria Santiago have gathered both well-known and emerging scholars to demonstrate how the actions and ideas of rural workers, peasants, migrants, and women formed an integral part of the growth of the export economies of the era and to examine the underacknowledged impact such groups had on the shaping of national histories. Responding to the fact that the more common, elite-centred "national" histories distort or erase the importance of gender, race, ethnicity, popular consciousness, and identity, contributors to this volume correct this imbalance by moving these previously overlooked issues to the centre of historical research and analysis. In so doing, they describe how these marginalised working peoples of the Hispanic Caribbean Basin managed to remain centred on not only class-based issues but on a sense of community, a desire for dignity, and a struggle for access to resources. Individual essays include discussions of plantation justice in Guatemala, highland Indians in Nicaragua, the effects of foreign corporations in Costa Rica, coffee production in El Salvador, banana workers in Honduras, sexuality and working-class feminism in Puerto Rico, the Cuban sugar industry, agrarian reform in the Dominican Republic, and finally, potential directions for future research and historiography on Central America and the Caribbean. This collection will have a wide audience among Caribbeanists and Central Americanists, as well as students of gender studies, and labour, social, Latin American, and agrarian history. Contributors: Patricia Alvarenga, Barry Carr, Julie A. Charlip, Aviva Chomsky, Dario Euraque, Eileen Findlay, Cindy Forster, Jeffrey L. Gould, Lowell Gudmundson, Aldo A. Lauria Santiago, Francisco Scarano, Richard Turits
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The Rhetoric of Intellectual Property

Copyright Law and the Regulation of Digital Culture

Author: Jessica Reyman

Publisher: Routledge

ISBN: 1135160554

Category: Language Arts & Disciplines

Page: 204

View: 1228

In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good.
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Lex Populi

The Jurisprudence of Popular Culture

Author: William P. MacNeil

Publisher: Stanford University Press

ISBN: 9780804753678

Category: Law

Page: 241

View: 8081

This is a book about jurisprudence—or legal philosophy. The legal philosophical texts under consideration are—to say the least—unorthodox. Tolkien, Buffy the Vampire Slayer, Harry Potter, Million Dollar Baby, and other cultural products are all referenced as exemplary instances of what the author calls lex populi—“people’s” or “pop law.” There, more than anywhere else, will one find the leading issues of legal philosophy. These issues, however, are heavily coded, for few of these pop cultural texts announce themselves as expressly legal. Nonetheless, Lex Populi reads these texts “jurisprudentially,” that is, with an eye to their hidden legal philosophical meanings, enabling connections such as: Tolkien’s Ring as Kelsen’s grundnorm; vampire slaying as legal language’s semiosis; Hogwarts as substantively unjust; and a seriously injured young woman as termination’s rights-bearer. In so doing, Lex Populi attempts not only a jurisprudential reading of popular culture, but a popular rereading of jurisprudence, removing it from the legal experts in order to restore it to the public at large: a lex populi by and for the people.
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Game After

A Cultural Study of Video Game Afterlife

Author: Raiford Guins

Publisher: MIT Press

ISBN: 0262320185

Category: Games

Page: 376

View: 4004

We purchase video games to play them, not to save them. What happens to video games when they are out of date, broken, nonfunctional, or obsolete? Should a game be considered an "ex-game" if it exists only as emulation, as an artifact in museum displays, in an archival box, or at the bottom of a landfill? In Game After, Raiford Guins focuses on video games not as hermetically sealed within time capsules of the past but on their material remains: how and where video games persist in the present. Guins meticulously investigates the complex life cycles of video games, to show how their meanings, uses, and values shift in an afterlife of disposal, ruins and remains, museums, archives, and private collections.Guins looks closely at video games as museum objects, discussing the recontextualization of the Pong and Brown Box prototypes and engaging with curatorial and archival practices across a range of cultural institutions; aging coin-op arcade cabinets; the documentation role of game cartridge artwork and packaging; the journey of a game from flawed product to trash to memorialized relic, as seen in the history of Atari's infamous E.T. The Extra-Terrestrial; and conservation, restoration, and re-creation stories told by experts including Van Burnham, Gene Lewin, and Peter Takacs. The afterlife of video games -- whether behind glass in display cases or recreated as an iPad app -- offers a new way to explore the diverse topography of game history.
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